The problem of resolution of legal collisions and conflict in the context of property rights protection

Authors

  • S. Murat
  • B.A. Aidarbekov
  • A.B. Kemelbay

DOI:

https://doi.org/10.31489/2020l2/102-111

Keywords:

norm, law, collision, conflict, competition, concept, property right

Abstract

The article discusses the problems of resolving legal collisions and conflicts in the context of protecting property rights. The authors of the article examined the problems of the conceptualization of legal disputes, conflict resolution as a legal science, the specificity of legal conflicts expressed in a whole system of essential  features. It is concluded that legal conflict is a relatively independent category of legal conflictology and constitutes a contradictory unity of legal dispute and opposition of legislative acts. The distinction is drawn between a legal dispute and a legislative conflict. The correlation of the concept and essence of legal disputes  and legal conflict taking into account the diversity of approaches to their content. Consideration of the system-forming features of legal conflictology as a legal science allowed researchers to identify its specifics. Legal conflictology emphasizes the importance of legal components in social contradictions and the possibility  of using legal norms to control the course of conflict and its resolution. The article analyzes in detail the main  civil law methods of protecting property rights. The authors of the article determined the actualization of the  problem of applying the legal methods of protecting property rights and other property rights, analyzed the  signs of property law, civil law methods of protecting property rights and other property rights, highlighted  the specificity of the species characteristics of civil lawsuits.

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Published

2020-06-30

Issue

Section

CIVIL LAW AND CIVIL PROCEDURE