The Law of Neighboring Tenements: "The Wrong Sort of Honey"

Abstract

The present research featured the legal nature of the negatory action as one of the common ways to protect the rights of a real estate owner. The article focuses on the ground of this action and the fact in proof in property rights protection cases not related to dispossession. The authors drew a parallel between the negatory action and the prohibitory action which prohibits offensive activities or hazards of injury infliction. In spite of the fact that the prohibitory action used to be associated with the nugatory one, they demand different kinds of actual statutory regulation and law enforcement. The authors agree that the lawsuit on the prohibition of activities, as provided for by Article 1065 of the Civil Code of the Russian Federation, stems from a tort, and is not a proprietary method of defense of rights. In the Russian civil law, the law of neighboring tenements remains underdeveloped, as does the defense of rights of the real estate owner from their neighbors. The authors believe that it is wrong to justify the negatory action by administrative law as this violates the rules for overcoming conflicts of legal regulation, shifting the burden of proof, and deviating from the standards of adversarial and equal rights of the parties in the civil process.