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GALINA V. TOKMAKOVAа
аMoscow City Bureau of Technical Inventory
DOI: 10.22394/2070-8378-2022-24-5-14-18
Abstract:
The article considers legal regulation of the civil turnover in real estate as an object of legal relations for subjects of civil law. The author presents various classification approaches to the objects of real estate property and demonstrates the importance of establishing a more precise definition of «real estate» in civil legislation. A specific legal regime for real estate is established by the fact that real estate objects are either land plots or things connected with land, i.e., they are part of the state’s territory. Land and other real estate are the foundation of a country’s economy, its spatial and material basis, and the essential means of production. In this regard, we can grasp the relationship between the circulation and distribution of real estate with the state’s interests when a country has a specific interest in stricter regulation and control in this field. At the same time, as property, real estate acts as an object of civil rights and is among the various tangible and intangible assets where subjects of civil rights enter or may enter into legal relations. Real estate is a specific type of property and object of civil rights. In practice, it is defined by designating its essential features, such as the inseparable connection with the land and the impossibility of moving the object without causing undue damage to its direct purpose. For practical purposes, real estate objects are classified in different ways, derived from the purposes of this classification.
Keywords:
legal regulation, real estate property, civil law, land law, special legal regime, principles of classification of real estate objects, complex real estate objects
Received:
November 29, 2021
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