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The Application of Restrictions and Encumbrances on Property Rights in Real Estate

In: The Role of Entrepreneurship in Resolving Modern Global Economic Problems A Systemic Review

Author

Listed:
  • Nadezhda V. Aleksandrova
  • Elena V. Ivanova
  • Alexey V. Karpov
  • Nikolay V. Ivanov
  • Mikhail V. Demidov

Abstract

This research explores issues related to the institution of property rights in the real estate sector. The research aims to identify the key challenges in the practical implementation of ownership, use, and disposal rights over real estate, as well as ways to overcome them. One of the main problems in this area of civil law relations is the variety of real estate objects and types present in the country. Depending on the property’s intended use, legislators may impose certain restrictions and encumbrances on its utilization. These measures serve a dual purpose. On the one hand, they enhance the efficiency of property use. On the other hand, they protect the interests of participants in civil transactions, including individuals and legal entities. Most difficulties in exercising property rights in real estate stem from civil-law (material) aspects. These encumbrances arise from the nature of transactions and their consequences. A comprehensive analysis of the current legal framework in this field reveals numerous gaps that need to be addressed through contemporary legal solutions. In turn, this should contribute to developing new and effective mechanisms for regulating real estate transactions, ensuring the protection of the interests of all parties involved in the process.

Suggested Citation

  • Nadezhda V. Aleksandrova & Elena V. Ivanova & Alexey V. Karpov & Nikolay V. Ivanov & Mikhail V. Demidov, 2026. "The Application of Restrictions and Encumbrances on Property Rights in Real Estate," World Scientific Book Chapters, in: Elena Popkova & Marina L Alpidovskaya & Dilafruz S Nasirkhodjaeva (ed.), The Role of Entrepreneurship in Resolving Modern Global Economic Problems A Systemic Review, chapter 42, pages 439-447, World Scientific Publishing Co. Pte. Ltd..
    • Handle: RePEc:wsi:wschap:9789819815913_0042
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    JEL classification:

    • L26 - Industrial Organization - - Firm Objectives, Organization, and Behavior - - - Entrepreneurship
    • O10 - Economic Development, Innovation, Technological Change, and Growth - - Economic Development - - - General
    • F63 - International Economics - - Economic Impacts of Globalization - - - Economic Development
    • O17 - Economic Development, Innovation, Technological Change, and Growth - - Economic Development - - - Formal and Informal Sectors; Shadow Economy; Institutional Arrangements
    • Q01 - Agricultural and Natural Resource Economics; Environmental and Ecological Economics - - General - - - Sustainable Development

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