Siberian Federal University

Issue

Journal of Siberian Federal University. Humanities & Social Sciences. 2016 9 (9)

Authors

Kuzmina, Irina

Contact information

Kuzmina, Irina:Siberian Federal University 79 Svobodny, Krasnoyarsk, 660041, Russia; E-mail:

Keywords

legal regulation; land plot; building; single object; common legal fate

Abstract

A land plot and buildings located on it are interconnected both physically and functionally: the building is firmly connected with the earth, it is physically reinforcedthere, and built-up land plots lose their independent significance and fulfill only a serving function of the building’s location. The unity of these two different items affects their legal regulation: the definition of the subject of property rights, the establishment of the order of disposal, etc. Two legal concepts have been formed historically, whichprovide this legal commonness: establishment of the single object regulation and regulation of the common legal fate. The Russian legislation preserves the tradition of using the concept of thecommon legal fate, in particular, it establishes the right of sequence: namely, one thing should have the legal fate of the other thing. Herewith, thequestion which real thing (a land plot or a building located on it) is the main one, and which follows it, is solved quite contradictorily. For the development of the real estate market, its stability and clarity it is necessary to abandon the solution of the question of the primacy between the two undoubtedly interlinked real estate assets, and to secure the mandatory rule of their interrelationsupplementing the rules of the Civil Code of the Russian Federation regarding the objects of civil rights with the new type of property structure consisting of a land plot with buildings and structures and other things located therein and permanently connected to it, which are united by the general purpose

Pages

2279-2287

Paper at repository of SibFU

https://elib.sfu-kras.ru/handle/2311/26342

This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License (CC BY-NC 4.0).