Acknowledgement of the Right or Encumbrance as Missing in the System of Propriatory Rights Protection

Abstract

With the development of the civil circulation, law faces with the appearance of new remedies in the legal activity of a citizen that require the law upholder to provide their proper identification in the system of civil law remedies. Resorting to an insufficient remedy still remains a common ground to deny judicial protection. The article is devoted to the study of the legal nature of negative acknowledgment as the means of protecting proprietary interests. The author describes the main approaches to the development of the system of property claims and criticizes the existing traditional schemes. On the basis of the instrumental theory of law, the author suggests that a new approach to the delimitation of the categories of means and methods of protection of civil rights should be applied. In the absence of an appropriate legislative solution, the author concludes that the approach of the law enforcer that qualifies the remedy in question as a nugatory way of protection is unreasonable. The author proposes an alternative solution to this practical problem and its scientific explanation.