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

S. Murat, B.A. Aidarbekov, A.B. Kemelbay

2020

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DOI 10.31489/2020l2/102-111
Data confidence 70 medium
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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.