Land Plots as a Variety of Immovable Things
Abstract
The article deals with attributes of immovable things, land plots in particular, as a special variety of an immovable thing. We have analyzed legal precedents, which allowed identifying various items of immovable property and relate them to each other. In our research, we used general scientific and law-specific methods of cognition: historical legal, formal legal, comparative legal, etc.
We have found gaps in the land legislation and civil legislation related to incomplete definitions and lack of clearly described attributes of immovable things. We have accounted for the latest legislative changes characterizing judicial attribute of any immovable property. Based on the identified attributes, we divided real estate into groups and provided a definition for the concept of a land plot as a special variety of real estate, without which things cannot exist and may not be divided into movable and immovable.
References
[2] Dmitriev, M.A. 2011. K voprosu ob uchastkakh nedr kak obektakh grazhdanskikh prav [Subsoil Plots as Objects of Civil Rights]. Rossiiskii Sudiya, 12, 18.
[3] Gevorkov, V.S. 2015. Protection of Property Rights of Bona Fide Purchaser. Contemporary Problems of Social Work, 1(1), 37-44.
[4] Kolov, A.Yu. 2004. Veshchnye prava na zemelnyi uchastok v Rossii [Proprietary Rights to a Land Plot in Russia]. Monography. Tomsk: Peleng, pp. 81-82.
[5] Lipski, S.A. 2014. Osobennosti gosudarstvennogo regulirovaniia sdelok s razlichnymi vidami nedvizhimosti [Features of State Regulation of Transactions Connected with Different Types of Real Estate] Notarius, 3, 7.
[6] Lutovinova, N.V., Neznamova, A.A., Guryleva, A.A., Bolshakova, O.G., and Shmyrev, D.V. 2014. Fundamental legal principles for implementation of state control over land use in the Russian Federation. Journal of Advanced Research in Law and Economics, V(2), 136-146
[7] Lutovinova, N.V., Neznamova, A.A., Kuleshov, G.N., Bulaev, V.A., Shmyrev, D.V. 2016. The role of appraisal services when carrying out the state control over the use of land in Russian Federation. Journal of Internet Banking and Commerce, 21(S6), 11.
[8] Makarov, O.V. 2014. Nedvizhimost kak obekt grazhdanskikh pravootnoshenii: sushchnost i harakternye cherty [Immovable Property as an Object of Civil Legal Relationships: Essence and Charateristic Features]. Notarius, 5, 11-12.
[9] Malcev, V.A., Kuleshov, G.N., Neznamova, A.A., Lutovinova, N.V., and Guryleva, A.A. 2016. Civil liability insurance of vehicle owners in European Union countries and the Russian Federation: comparative legal analysis. Man In India, 96 (12), 5565-5574.
[10] Piskov, I.P. 2011. K voprosu o poniatii nedvizhimosti v Rossiiskom prave [Immovable Property Notion in the Russian Legislation]. Problemy razvitiia chastnogo prava: Sbornik statei k iubileiu V.S. Ema [Problems of Private Law Development: Collection of articles dedicated to the anniversary of V. S. Em] (eds. E. A. Sukhanov, N. V. Kozlova). Moscow: Statut.
[11] Savenko, G.V. 2014. Pravovoi rezhim zemelnogo uchastka: ot idealnykh konstruktcii k praktike [Land Plot Legal Regime: from Ideal Structures to Practice]. Pravo i ekonomika, 1, 74.
[12] Shadskaja, I., Kryukova, E., Kaurova, O., Maloletko, A., and Druchevskaya, L. 2015. Current state and prospects of development of sheep and goat breeding in the Russian Federation. Biosciences Biotechnology Research Asia, 12(1), 507-519.
[13] Sklovskiy, K.I. 2008. Sobstvennost v grazhdanskom prave [Property in Civil Law]. Moscow: Statut Publ.
[14] Rongalo, B.M. 2001. Ponyatie nedvizhimosti [Notion of Immovable Property]. EZh-Yurist, 11, 9.
[15] Skuratov, Y.I., Glazkova, L.V., Grudinin, N.S., and Neznamova, A.A. 2016. The development of organized crime in Russia: A system analysis. Russian Journal of Criminology, 10(4), 638-648.
[16] Smagin, A.A., Orlova, O.S. 2016. Osobennosti pravovogo rezhima otdelnykh obektov nedvizhimosti [Features of Legal Regime of Certain Objects of Immovable Property] Problemy economiki i yuridicheskoi praktiki, 5, 216-218.
[17] Tikk, O.K. 2007. Problemy pravovogo statusa namyvnykh territorii [Problems of Legal Status of Alluvial Territories]. Zakon, 1, 74-80.
[18] Vinogradova, M.V., Kulyamina, O.S., Larionova, A.A., Maloletko, A.N., and Kaurova, O.V. 2016. The use of management of objectives method of attraction and evaluation of effectiveness of investments to the tourism and hospitality. International review of management and Marketing, 6(S2) 241-246.
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