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The concept "plant of the real estate"

The legislatively established definition of the real estate has common character and does not contain rules and features which can help to distinguish certain plants of the real estate in the real property in general. That is the reason that now it is impossible to isolate such plants of the real estate, as forest and long-term green plants. Obviously therefore the operating real estate market is restricted to plants of the real estate, isolation of which is possible on the basis of a usual business turnover. To such plants of the real estate refer: land lots, buildings (primary plants оf the real estate), apartments, residential and uninhabited premises (secondary plants of the real estate).

This situation is indirectly legislated by the law "On state registration of the rights on real property and transactions with it." The practical significance for the operating real estate market of such plants of the real estate, as land lots, buildings and premises (flats), and legislative determinacy of rules of state registration of the rights on them allows to make a conclusion that problems of regulating the relations between the owners of these types of plants of the real estate should be first of all solved. That's why there is a necessity of rules installation, on the basis of which land lots, buildings and premises (flats) can be isolated as the plants of civil rights.

The law establishes that the rights on the real things belong to state registration. Thus plants of the real estate have the dual nature: on the one hand they are legal objects, and on the other they are the physical plants, strongly linked to land. To define concept "plant of the real estate", it is necessary to define, whether any land lot or plant, strongly linked to land, should be considered as plant of the real estate. In all these cases a possibility of plant selection of the real estate depends on its assigning.

As the land is a substance of the real estate, property legal relations linked to the real estate, are defined first of all by forms of the landownership. It is not by chance that the problem of the right of landownership during the twentieth century was and for the present remains in our country an object of bitter confrontation of different political forces in desire to influence on social and economic system of future Russia.

In the foreign practice the list of authorities concerning land includes 8 elements:

- the right on the income, which is given by the realization of the right of use and dispose of land;

- the right on disposal, consumption, expenditure at own discretion down to an extermination of a thing (except for land);

- warranty from expropriation, or right on security;

- the right to transmit land lots;

- termless possession;

- inhibitory actions to use land in harm to other people;

- possibility of exemption of a lot as a payment for the unpaid debt;

- residual principle, i.e. existence of standards and rules providing restoration of the outraged rights.

Abovementioned and other elements describing concept of landownership, in combination with the rights of possession, use, disposal suppose existence of about 1500 variants of the property rights. Therefore, according to world practice the concept of the landownership should be considered as a complex of the land and property rights regulating particular conditions of land use.

Дата добавления: 2014-12-27