Open AccessON THE STATE REGISTRATION OF A RIGHT: ON THE EXAMPLE OF THE RIGHT OF THE SURVIVING SPOUSE TO A SHARE IN JOINT PROPERTY PURSUANT TO PARAGRAPH 2 CLAUSE 4 ARTICLE 256 OF THE CIVIL CODE OF THE RUSSIAN FEDERATION
Author(s) -
Kamil M. Arslanov
Publication year - 2020
Publication title -
nasledstvennoe pravo
Language(s) - English
Resource type - Journals
ISSN - 2072-4179
DOI - 10.18572/2072-4179-2020-3-44-47
Subject(s) - paragraph , civil code , law , property (philosophy) , meaning (existential) , legislation , state (computer science) , spouse , political science , real estate , law and economics , sociology , psychology , philosophy , computer science , epistemology , algorithm , psychotherapist
In the course of the ongoing reform of civil legislation the Civil Code of Russian Federation was amended in 2018, including Art. 256 (paragraph 2, item 4) regarding the legal fate of common joint property of spouses after the death of one of them. In the notarial practice the question arose in this regard as to whether the surviving spouse can be considered the owner of the property in the absence of state registration of the ownership right and, accordingly, in the future to be the heir to such property. This predetermines the question about the meaning of the state registration itself as a legal procedure in civil proceedings. It is concluded that the state registration for the case of paragraph 2, item 4 of Art. 256 of the Civil Code of the Russian Federation is not of a legal nature and has a procedural meaning of formalization of legal relations. Thus, this is one of the exceptions from the general rule on the need for state registration for the recognition of the existence of ownership of real estate.