YOUNG SCHOLAR’S TRIBUNE

Property rights in the civil code: theoretical and practical aspects

Abstract

The article is dedicated to the study of the legal institute of real rights in civil law, its historical development, and modern application in the Republic of Kazakhstan. The main focus is on understanding and classifying real rights that regulate property relations, ensuring the protection of subjects' rights through ownership and related powers. The purpose of the research is to analyze the essence and characteristics of real rights, their place in the civil law system, and the influence of Roman law on the development of modern approaches to real rights. The author examines various theories regarding the object of real rights and highlights key points that lead to legal differences between countries with different legal systems. The scientific significance of the work lies in summarizing existing theories of real rights and relating them to the practice of law enforcement in Kazakhstan. The practical significance is in analyzing Kazakhstani legislation and judicial practice, making the study valuable for lawyers involved in property dispute regulation and legislation development. Methodologically, the research is based on comparative legal analysis, the historical method, and the analysis of legislation and judicial practice. The main results concern the classification of real rights, which the author divides into property rights and rights to another's property. The structure of powers, such as possession, use, and disposal, which form the basis of property rights, is also analyzed. The article emphasizes the importance of the absolute nature of real rights, allowing the subject to directly influence the property without interference from third parties. The practical value of the results lies in the possibility of applying the proposed conclusions in the practice of regulating property relations.