Ziyavudinova Sakinat Alievna (Competitor of the Department of Civil Law and Process
(IPiNB) RANH and GS
)
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this article discusses a model of fixing the grounds for the emergence of ownership of real estate in Russian legislation. The author's definition of the grounds for the emergence of this right is formulated. The terminology used by the legislator is analyzed in terms of the relationship between the concepts of "acquisition of property rights" and "emergence of property rights". A number of proposals are presented to improve the terminology used in the Civil Code of the Russian Federation and the possible development of some provisions of the said Code. The systemic interrelation of the provisions on the grounds for the emergence of ownership of immovable property in the Civil Code of the Russian Federation and some sectoral legislative acts and other codes is considered. The conclusion is made about the expediency of further improving the model of regulation of the grounds for the emergence of ownership of real estate, including in the aspect of the systemic unity of such norms in various legislative acts. The special perspective of further scientific understanding of the directions of improvement of civil law regulation of the grounds for the emergence of ownership of immovable property is noted.
Keywords:property right, immovable property, real estate, creation of a thing, legal facts, grounds for the emergence of property rights, the emergence of property rights, acquisition of property rights, ownership of land, improvement of civil law norms
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Citation link:
Ziyavudinova S. A. GROUNDS FOR THE EMERGENCE OF OWNERSHIP FOR REAL ESTATE IN RUSSIAN LEGISLATION: SOME FEATURES AND PROBLEMS OF REGULATION // Современная наука: актуальные проблемы теории и практики. Серия: ЭКОНОМИКА и ПРАВО. -2023. -№08. -С. 58-63 DOI 10.37882/2223-2974.2023.08.09 |
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