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
eLocation:
Status:
Published
Received:
06.07.2024
Accepted:
27.09.2024
Published:
12.07.2025
Language:
Russian
Keywords:
Land plot, termination of right, requisition, seizure, state needs, ownership.
Abstract (English):
Introduction. In relation to real estate objects, various types of legal relations may arise (change) or terminate, which in the most general terms are divided into property and obligatory. The subject of the study, some results of which are reflected in this article, were the grounds for termination of legal relations of private ownership of 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 for a better understanding of the mechanism of action of law and contributes to the theory of civil legal relations. Methods. In carrying out the study, various methods of scientific knowledge were used: dialectical, systems analysis, comparative legal. The materials of the study are normative acts of civil and land legislation governing the termination of legal relations of ownership of real estate, as well as scientific works on the application of Russian and foreign civil law. Results. The grounds for termination of legal relations related to land real estate are interdisciplinary in nature, but their core is the norms of civil law. Among such grounds are: 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; forced seizure of a land plot from a person to whom it cannot belong by law. The seizure of a land plot for public needs and requisition should be combined into a common doctrinal category called expropriation (proposed by pre-revolutionary civilists). At present, the legislation does not contain an exhaustive list of public needs that are grounds for the seizure of land plots. This gives rise to a number of negative consequences associated with the possibility of the transfer of land plots seized by a public authority to the private ownership of commercial legal entities.
Introduction. In relation to real estate objects, various types of legal relations may arise (change) or terminate, which in the most general terms are divided into property and obligatory. The subject of the study, some results of which are reflected in this article, were the grounds for termination of legal relations of private ownership of 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 for a better understanding of the mechanism of action of law and contributes to the theory of civil legal relations. Methods. In carrying out the study, various methods of scientific knowledge were used: dialectical, systems analysis, comparative legal. The materials of the study are normative acts of civil and land legislation governing the termination of legal relations of ownership of real estate, as well as scientific works on the application of Russian and foreign civil law. Results. The grounds for termination of legal relations related to land real estate are interdisciplinary in nature, but their core is the norms of civil law. Among such grounds are: 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; forced seizure of a land plot from a person to whom it cannot belong by law. The seizure of a land plot for public needs and requisition should be combined into a common doctrinal category called expropriation (proposed by pre-revolutionary civilists). At present, the legislation does not contain an exhaustive list of public needs that are grounds for the seizure of land plots. This gives rise to a number of negative consequences associated with the possibility of the transfer of land plots seized by a public authority to the private ownership of commercial legal entities.
Keywords:
Land plot, termination of right, requisition, seizure, state needs, ownership.
Land plot, termination of right, requisition, seizure, state needs, ownership.
