The Application of Classification of Land Disputes in Judicial Practice

DOI

10.2991/assehr.k.201205.040How to use a DOI?

Keywords

land tenure, land law, land plot, land disputes, justice, resolution of disputes

Abstract

This article studies land disputes and judicial practice which is diverse in this area. Thus, land disputes are classified in order to systematize them. It is of practical importance and can be applied by courts in land disputes resolution. When classifying land disputes by objects, there are four types: disputes on land plots; disputes on land as a natural object and natural resource; disputes on a part of a land plot; disputes on a share in the right of common property. This classification takes into account the features of land, land plots, parts of land plots, and shares in common land ownership of land plots in the resolution of disputes and can be recommended to the courts for use in determining the range of circumstances relevant to the case. The second classification of land disputes by types of relations allows distinguishing four types: general land use, disputes over private land plots and private land use, management land disputes, property land disputes. This classification allows us to identify all the relationships that exist in a disputed situation and to apply rules of law governing them. The classifications of land disputes (by objects of land disputes and the relations regulated by the land law), proposed by the authors, have practical value, and their use by courts can increase the efficiency of the resolution of land disputes.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Nadezhda Alekseeva
AU  - Elena Syrykh
AU  - Vladislav Panchenko
AU  - Valerii Vlasenko
AU  - Ivan Makarchuk
PY  - 2020
DA  - 2020/12/07
TI  - The Application of Classification of Land Disputes in Judicial Practice
BT  - Proceedings of the XIV European-Asian Law Congress "The Value of Law" (EAC-LAW 2020)
PB  - Atlantis Press
SP  - 228
EP  - 232
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.201205.040
DO  - 10.2991/assehr.k.201205.040
ID  - Alekseeva2020
ER  -