CEĻA SERVITŪTA IZBEIGŠANA AR IZPIRKUMU

The right of way is not perpetual. The right of way expires as soon as it becomes unnecessary or general grounds for the termination of easements referred to in Article 1237 of the Civil Law or specific termination grounds referred to in Articles 1257-1258 of the Civil Law become applicable. There a...

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Bibliographic Details
Published inTuriba University. International Scientific Conference p. 51
Main Author Dinsberga, Jolanta
Format Conference Proceeding
LanguageLatvian
Published Riga Turiba University 01.05.2017
Subjects
Cancellations
Civil law
Easements
Preemption
Studies
Latvia
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Summary:The right of way is not perpetual. The right of way expires as soon as it becomes unnecessary or general grounds for the termination of easements referred to in Article 1237 of the Civil Law or specific termination grounds referred to in Articles 1257-1258 of the Civil Law become applicable. There are certain deficiencies in the Latvian legislative framework with respect to several types of grounds for the termination of easements. This article however, deals only with one form of the termination of rights of way, which is pre-emption. The objective of article is to establish the essence and content and specific conditions of the termination of rights of way by pre-emption based on an analysis and research of the legislative framework and opinions of experts and formulate suggestions for the improvement of the existing legislation. Research methods: analytical, graphic, logically constructive, induction and deduction and descriptive. Law interpretation methods: grammar, systematic, teleological. As a result of the research, the author suggests the following question for discussion: could the termination of rights of way by pre-emption be contrary to the objective of establishing them?