Open AccessOn the concept and types of real estate property in the light of reforming of the civil legislation of the Russian Federation
Author(s) -
O.A. Osmanov
Publication year - 2022
Publication title -
ûridičeskij vestnik dagestanskogo gosudarstvennogo universiteta
Language(s) - English
Resource type - Journals
eISSN - 2411-0299
pISSN - 2224-0241
DOI - 10.21779/2224-0241-2022-41-1-79-84
Subject(s) - legislation , real estate , civil code , political science , law , institution , civil law (civil law) , object (grammar) , property (philosophy) , legal science , business , commercial law , computer science , philosophy , epistemology , artificial intelligence
This article is devoted to the analysis of the category of "real estate" civic in the legislation of the Russian Federation and a number of European countries. The main methods for achieving results are historicallegal, formal-legal, systemic, comparative-legal, individual logical techniques, methods of interpreting regulatory documents. The article is of a scientific and practical nature and examines certain aspects of the legal regime of real estate. This category has historically passed a long and difficult path of formation from the provisions of Roman law to the modern legislation of the countries of continental Europe and the Anglo-American legal system. Real estate as an object of civil rights has special features, legal nature, and the history of its origin and development as a legal institution is also specific. The author made an attempt to investigate the history of formation, the concept and features of real estate as an object of civil law, the features of its legal regulation in certain foreign countries and in modern Russia. The specifics of fixing this institution in separate acts on amendments to the Civil Code of the Russian Federation are considered. The main conclusions were the characteristics of the signs of real estate, the content of the rights and obligations of the copyright holder, the peculiarities of the emergence and acquisition of rights to real estate, the formulation of the main shortcomings of its legal regulation in the current legislation and the merits of the changes that come into force on March 1, 2023.