THE RIGHT OF RESIDENCE IN ROMAN PRIVATE LAW AND REFORMATION OF PROPERTY RIGHTS LEGISLATION

Abstract

Annotation: the importance of Roman law for the reformation of the civil legislation is great, since most of the concepts and principles have found their worthy application in the system of current legislation. Therefore, in the article, the author refers to Roman private law in order to determine whether the right of residence in Roman law can be considered as the "progenitor" of the owner's family members rights to a housing in the current civil legislation. In this regard, the issue of the legal nature of the right of residence and its place in the system of limited property rights of Ancient Rome is investigated. The sources of research were the Digests of Justinian and the works of scholars-novelists. The result of this research is the author's summary on the different legal nature of these rights, in particular, the reason for this conclusion is the draft amendments to the Civil Code of the Russian Federation in part of regulation of limited property rights.

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