2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16
Every person has his own right to dispose of the property that belongs to him, whether it be some small thing, a car or an apartment. But when there is an alienation of property, then the termination of the right of ownership also operates. In what cases, according to the law, is this concept used?
This right is one of the most stable from a legal point of view. That is why the laws of the Russian Federation regulate both the emergence and termination of property rights.
Refuse ownership of any thing can, first of all, the owner himself. There can be two reasons: either he transfers his property to other persons (for example, he sells an apartment, gives it as a gift, and so on), or voluntarily refuses it.
The last case is still new to our legislation. Although such a termination of ownership, as a refusal, was previously used in property relations. Under this rule, the ownermay refuse a particular thing by speaking publicly, or by performing real actions - for example, by throwing away property. You can get rid of a car this way, but you can’t throw real estate in the trash.
Important point: keep in mind that until the new owner has officially acquired ownership of the property, the owner can still dispose of it. It is very important to take this into account when concluding a contract when buying land or housing. After all, until a certificate of ownership has been issued, the owner can sell the subject of the transaction to someone else.
Termination of property rights is also possible as a result of privatization, that is, the transfer of state and municipal property into the hands of a private person. Such a procedure takes place at the initiative of the public owner (that is, the municipality or the state), and involves a small fee. Naturally, the object of such a transaction in the first place will be real estate. Privatization is carried out in accordance with the Privatization Law. The provisions of the Civil Code do not apply in this case.
And finally, the last case, due to which the termination of ownership may occur. This is the death or deliberate destruction of property. After all, if the object of law no longer exists, the owner has nothing to own. Death is the loss of property due to accidental causes, natural disasters, and so on, that is, without the participation of unauthorized persons. Then the entire responsibility for what happened lies on the shoulders of the owner himself. Term"destruction" by lawyers is applied in the event that someone intentionally caused damage to property. He bears all the responsibility.
It is worth noting that the Federal Law, called "On State Registration of Rights to Real Estate and Transactions with It" in 2008, was supplemented with an article stating that the termination of land ownership is subject to registration. It follows from this paragraph of the legislation that the owner is obliged to register with the relevant authority his refusal to possess the land plot or its share. To do this, you must apply.
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