TYPES OF SERVITUDES IN FOREIGN COUNTRIES AND THEIR LEGAL NATURE

Abstract

This article analyzes various types of servitudes and their legal nature. It examines the classical classification of servitudes, their division into proprietary and personal servitudes, and the legal and practical challenges in defining these categories. The legislation governing personal servitudes in Austria, Switzerland, Latvia, Ukraine, and Georgia is studied, highlighting the procedures for their application. The article also explores how explicit and implicit servitudes are prevalent in countries such as Germany and France, resulting in significant differences in their legal classification and regulatory enforcement. Furthermore, the application of permanent and temporary servitudes is analyzed from a legal-scientific perspective. In examining the purposes for which servitudes are established in Uzbekistan, the article argues that servitudes should not be classified into distinct types under national legislation, as they are implemented based on agreements between the parties involved. The research provides a comprehensive examination of the role and types of servitudes within international and national legal frameworks. Notably, the application of servitudes can sometimes lead to legal disputes. This article evaluates the legal regulation of servitudes in foreign jurisdictions and reviews academic perspectives on the subject.