Legal scope of the notions “servitude of right of way” and “servitude road”

Research output: Contribution to conferenceAbstractpeer-review

Abstract

Legal sectors (sub-sectors) form the basis of any legal system. Each of the legal sectors contains its own specific governing methods, principles and terminology characteristic to the sector. The correct understanding and use of the sector’s notions and terminology ensure consistent application thereof.By analysing the notions “servitude of right of way” and “servitude road”, to disclose the content thereof, characteristics of use and problematic issues in laws and regulations and legal practice, to arrive at conclusions and to provide possible solutions to the problems.  Used scientific research methods - descriptive, analytical, inductive and deductive and interpretation of legal norms– historical, grammatical, systemic and teleological. 1. The notions “servitude of right of way” and “servitude road” are not synonyms. 2. The Civil Law of the Republic of Latvia covers a general definition of the notion “servitude” which is understood as the right to property of another party. The respective definition is also directly attributable to the explanation of the notion “servitude of right of way”. However, in practice, the commonly used notion “servitude of right of way” which is to be understood as an object – a road intended for walking or driving – has not been defined in the Law. 3. In practice, the notions “servitude of right of way” and “servitude road” are used ambiguously and thus cause problems related to the application thereof. In order to ensure consistent, correct and accurate use of the notions “servitude of right of way” and “servitude road” in laws and regulations, legal practice and legal documents, the part on Property Law of The Civil Law ought to be supplemented with the definition of the notion “servitude road”.
Original languageEnglish
Pages23
Publication statusPublished - 24 Mar 2021
EventRSU Research week 2021: PLACES - Rīga, Latvia
Duration: 25 Mar 202125 Mar 2021
https://rw2021.rsu.lv/conferences/places

Conference

ConferenceRSU Research week 2021: PLACES
Country/TerritoryLatvia
CityRīga
Period25/03/2125/03/21
Internet address

Field of Science

  • 5.5 Law

Publication Type

  • 3.4. Other publications in conference proceedings (including local)

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