Negative lawsuit: problems of theory and practice: monograph. Podshivalov T.P.

The monograph is devoted to the study of a negative lawsuit, as the requirements for protection against violations of property law, which create an obstacle to the actual nature in the exercise of this right. The author critically approaches an understanding of a negative lawsuit as a universal property claim, which is applicable in all situations of protection of property rights, from any violations that are not related to deprivation of ownership.

The book conducts a comprehensive analysis of the negative lawsuit: the shortcomings of the legislative structure of the negative lawsuit; the signs and properties of negative protection are revealed; The definition of a negative lawsuit was proposed and the prospects of the legislative structure were proposed; The models of negative protection in the legislation of foreign countries are analyzed; The structure of a negative lawsuit is characterized; The types of negative requirements have been investigated and the possibility of presenting a requirement to prohibit violations for the future has been substantiated; The conditions for satisfying the negative lawsuit and its scope were disclosed.

a significant part of the work is devoted to considering the problem of competition of property claims, the ratio of a negative lawsuit with other property claims and methods of protecting civil rights is considered. The work provides and analyzes the judicial practice, it is proposed to solve urgent problems related to the use of a negative lawsuit.

The book is intended for lawyers practicing in the field of civil law, scientists, teachers, graduate students and students of legal universities and faculties involved in Problems of civil law.