TERMINATION OF LEGAL RELATIONS OF LAND REAL ESTATE: ISSUES OF THEORY
Journal: BULLETIN OF THE KALININGRAD BRANCH OF THE SAINT-PETERSBURG UNIVERSITY OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
№ 3
, 2024
Rubrics: STATE. SOCIETY. LAW
Authors:
Type:
Article
Pages:
from
to
Status:
Published
Received:
06.07.2024
Accepted:
16.08.2024
Published:
10.10.2024
Language:
Russian
Keywords:
land plot; termination of rights; requisition; seizure; state needs; ownership
Abstract (English):
Introduction. In relation to objects of land real estate, a variety of types of legal relations may arise (change) or terminate, which can be divided into property and obligation in the most general form. The subject of our research is the grounds for termination of legal relations of private ownership of land real estate. which entails legal facts of different industry affiliation, forming complex factual compositions, including unique combinations of legal facts-actions (legal acts) and events. The study of such dynamics allows us to better understand the mechanism of law and contributes to the theory of civil law relations Methods: when writing the article, various methods of scientific cognition were used: dialectical, method of system analysis, comparative legal method. The research material is normative acts of civil and land legislation regulating the termination of legal relations of ownership of land real estate, as well as scientific works on the application of Russian and foreign civil law Results. The grounds for termination of legal relations of land real estate are intersectoral in nature, but their core is the norms of civil law. Such grounds include voluntary alienation of property; seizure of real estate for state needs; requisition; termination of ownership of a land plot as a sanction for an offense; compulsory seizure of a land plot from a person to whom it cannot belong by virtue of the law. The seizure of land for public needs and requisition should be combined into a common doctrinal category proposed by pre-revolutionary civilists (expropriation). At the moment, the legislation does not contain an exhaustive list of public needs that are the basis for the seizure of land plots. This generates a number of negative consequences associated with the possibility of transferring land plots seized by a public authority to private ownership of commercial legal entities.
Introduction. In relation to objects of land real estate, a variety of types of legal relations may arise (change) or terminate, which can be divided into property and obligation in the most general form. The subject of our research is the grounds for termination of legal relations of private ownership of land real estate. which entails legal facts of different industry affiliation, forming complex factual compositions, including unique combinations of legal facts-actions (legal acts) and events. The study of such dynamics allows us to better understand the mechanism of law and contributes to the theory of civil law relations Methods: when writing the article, various methods of scientific cognition were used: dialectical, method of system analysis, comparative legal method. The research material is normative acts of civil and land legislation regulating the termination of legal relations of ownership of land real estate, as well as scientific works on the application of Russian and foreign civil law Results. The grounds for termination of legal relations of land real estate are intersectoral in nature, but their core is the norms of civil law. Such grounds include voluntary alienation of property; seizure of real estate for state needs; requisition; termination of ownership of a land plot as a sanction for an offense; compulsory seizure of a land plot from a person to whom it cannot belong by virtue of the law. The seizure of land for public needs and requisition should be combined into a common doctrinal category proposed by pre-revolutionary civilists (expropriation). At the moment, the legislation does not contain an exhaustive list of public needs that are the basis for the seizure of land plots. This generates a number of negative consequences associated with the possibility of transferring land plots seized by a public authority to private ownership of commercial legal entities.
Keywords:
land plot; termination of rights; requisition; seizure; state needs; ownership
land plot; termination of rights; requisition; seizure; state needs; ownership
