Problems of Private Law in Modern Conditions

2016 ◽  
Vol 4 (1) ◽  
pp. 0-0
Author(s):  
Вениамин Яковлев ◽  
Vyeniamin YAkovlyev
Keyword(s):  
Civil Rights ◽  
Real Estate ◽  
Labor Law ◽  
Good Faith ◽  
Private Law ◽  
Highly Qualified ◽  
Family Labor ◽  
State Register ◽  
The Status ◽  
Intensive Development

Recent intensive development of private law, which is presented by three successful codifications in the field of the civil, family, labor law in Russia, is noted in the article. Current changes of the Russian civil legislation as well as planned ones are described. To number of the main problems the author refers violations of the principle of good faith by participants of civil turnover, lack of effectiveness of the Federal Bailiff Service, insufficient security of the civil rights for real estate. In this regard it is necessary to form a notarial certification of real estate turnover, to keep availability of information from the state register of real estate for citizens, raise the status of the Federal Bailiff Service and strengthen its position by hiring highly qualified specialists.

scholarly journals LEGAL REGIME OF ARTIFICIAL GROUND AREAS AS OBJECTS OF CIVIL RIGHTS

2020 ◽  
Vol 6 (72) (2) ◽  
pp. 163-169
Author(s):  
E. G. Semenova
Keyword(s):  
Civil Rights ◽  
Real Estate ◽  
Economic Activity ◽  
Legal Regime ◽  
Water Object ◽  
Land Plot ◽  
The Status ◽  
The Creation ◽  
The Law

In the article the legal regime of a land plot created on an artificial territory is determined based on the purpose of its use, as well as the status of the water object on which such a territory is created. It is established that an artificial ground area can be created within a certain territory of a water object (either adjacent to an existing land plot or isolated from it), intended for the placement of buildings, structures, objects of incomplete construction and other real estate objects specified in the law. Systemic regulation of relations related to the creation of artificial territories requires establishing the specifics of their occurrence on water objects that are both in Federal and other forms of ownership. The issue of ownership of artificially created ground areas on water objects should be resolved depending on who owns such a water object. An artificial ground area created on a territory whose borders coincide with a water object that is in Federal ownership must be subject to the regime of limited economic activity.

scholarly journals Models of Enforcement of Court Decisions

2019 ◽  
pp. 184-203
Author(s):  
Svitlana YAKYMCHUK
Keyword(s):  
Mixed Model ◽  
German Law ◽  
The State ◽  
University Education ◽  
Private Law ◽  
Highly Qualified ◽  
Public Authorities ◽  
The Status ◽  
The Usa ◽  
Low Efficiency

Models of performance of judgments as the general models, or algorithms of compulsory execution are investigated. Several classifications of models of compulsory execution - the Anglo-Saxon law and the Romano-German law are analysed; centralized and decentralized; Public non-judicial; with partial or full privatization of enforcement proceeding and transfer of function on compulsory performance of judgments to private structures; With dispersal of functions on implementation of judgments between bodies of court in the person of bailiffs and executive authorities. Assuming as a basis a way of the organization of a profession of the bailiff it is expedient to divide all models into private-law, public and mixed. So, for private-law models (France, the Netherlands, Portugal, Belgium, Luxembourg, Slovenia, Moldova, Estonia, Latvia, Lithuania, etc.) what carrying out executive actions is carried out by private bailiffs who are highly qualified specialists is characteristic, got university education in the field of law and made the state qualification examination. They combine the status of representatives of a liberal profession, that is at discretion will organize the work, and on the other hand as the state delegates them to perform functions, on performance of judgments, - the state officials. Private bailiffs are appointed to the positions by public authorities by providing the license to them. In public models (Germany, Sweden, Finland, Austria, Spain, Denmark, Italy, Slovakia, Turkey, Croatia, Azerbaijan, Belarus, Russia, Tajikistan, etc.) of performance of judgments it is assigned only to officials of public authorities who can have the higher legal education and/or to be prepared on special courses (brought depends on that in which structure of body the official belongs, carrying out performance). At the same time, courts, and specially created bodies of compulsory execution can be such public authorities both. Depending on that which officials of bodies are engaged in performance of judgments all public models it is possible to divide into judicial (Austria, Denmark, Spain), non-judicial (Finland, Turkey, Sweden, Belarus) and mixed (Germany, Slovakia, Croatia). In the last officials of both vessels, and executive authorities which are specially created for this purpose which competence is differentiated depending on a way of execution are engaged in performance. The mixed models of compulsory execution (the USA, Kazakhstan) combine signs privately legal and public. They are characterized by the fact that public authorities and various individuals can carry out judgments at the same time. The system of performance of judgments should be estimated considering real efficiency of performance of judgments. At the same time forms of the organization of activity of agents of performance, that is model of performance of judgments, directly do not define the procedure of enforcement proceeding, and in the conditions of low efficiency of enforcement proceeding and quite appropriate introduction of the mixed model of performance of judgments is necessary, as happened in Ukraine in 2016.

scholarly journals PROCEDURE FOR FORENSIC EXAMINATION: PRACTICAL ASPECTSIN CORRECTING REGISTRY ERRORS

2020 ◽  
Vol 3 (2) ◽  
pp. 99-105
Author(s):  
Maria A. Gubanishcheva ◽  
Julia N. Khaletskaya
Keyword(s):  
Civil Rights ◽  
Real Estate ◽  
State Register ◽  
Forensic Examination ◽  
The Subject ◽  
Capital Construction

The authors of the article investigated registry errors that are contained in the Unified State Register of Real Estate. The main causes and sources of registry errors, as well as possible solutions are shown. It was found that registry errors are a cause of violation of civil rights and, consequently, a reason for litigation. To identify the characteristics of the subject of the study, the forensic procedure was taken as a basis. The objects of research were land plots, their boundaries, configuration and location, as well as capital construction objects, which are located within the boundaries of the studied plots. The forensic procedure was analyzed in the process of determining the location of the boundaries

scholarly journals Compensation to the Bona Fide Homeowner for the Loss of Residential Premises2

2020 ◽  
Vol 15 (7) ◽  
pp. 49-59
Author(s):  
D. V. Lorents
Keyword(s):  
Civil Rights ◽  
Point Of View ◽  
Constitutional Court ◽  
Real Property ◽  
State Register ◽  
The Status ◽  
Legal Model ◽  
Bona Fide ◽  
Court Proceedings ◽  
Legal Mechanism

New rules for compensation to the bona fide houseowner (physical entity) for the loss of residential premises were adopted were adopted on 1 January 2020. Such compensation is not tortious in nature. It is comparable to the real damage or cadastral value of a vindicated apartment. The amount of compensation is now not limited to 1 million rubles, and the period of impossibility of enforcement proceedings against perpetrators has been reduced to 6 months. At the same time, the date of entry into legal force of the court decision concerning the residential premises vindication and the date of the claim of a bona fide citizen for compensation in relation to 1 January 2020 affect the conditions of compensation, the amount of payment, the status of the respondent and the amount of budgetary funds. Taking into account the standing of the Constitutional Court of the Russian Federation in A. N. Dubovets case, it would be fair to assign risks of imperfection of the Unified State Register of Immovable Property (EGRN) to a public legal establishment and provide individuals with absolute protection from public vindication or, at least, envisage the possibility of compensation immediately after vindication without additional court proceedings. However, from the point of view of the economic efficiency of law, the law-maker expressed a preference for a legal model of protection of the original owner in order to discourage commission of offenses in the field of civil turnover of real property. The development of a fair system of compensatory measures for property vindication becomes a general trend in the legal mechanism of protection of civil rights in Russia.

scholarly journals Entering information about the security zone of the main gas pipeline into the Unified State Register of Real Estate

2021 ◽  
Vol 5 (1) ◽  
pp. 48-62
Author(s):  
N. G. Ovchinnikova ◽  
◽  
D. A. Medvedkov ◽  
Keyword(s):  
Real Estate ◽  
Russian Federation ◽  
Legal Status ◽  
Gas Pipeline ◽  
Federal Law ◽  
Legal Norms ◽  
State Register ◽  
The Status ◽  
The Russian Federation ◽  
Main Gas Pipeline

The article discusses the process of preparing the location description of the protected zone boundaries of the main gas pipeline for the subsequent entry of information about it in the Unified State Register of Real Estate. In 2018, the regulation of the legal status of zones with special use of the territory was based on Federal Law No. 342 "On Amendments to the Urban Planning Code of the Russian Federation and Certain Legislative Acts of the Russian Federation". Previously, the status of the zones studied in the work was regulated by legal acts, which often made it difficult to apply the legal norms related to them. The authors describe this process in detail, starting with the coordination of the object itself and ending with the result of the work, paying attention to the subtleties of the process and emphasizing the existing shortcomings.

The Decision of the General Meeting of Members in a Non-Public Business Company: Concept and Types

2020 ◽  
Vol 2 (2) ◽  
pp. 148-169
Author(s):  
V. K. Andreev ◽  
◽  
V. A. Kondratiev ◽  
Keyword(s):  
Civil Rights ◽  
General Meeting ◽  
Business Community ◽  
Positive Law ◽  
State Register ◽  
Business Results ◽  
Starting Point ◽  
Business Entities ◽  
State Registration ◽  
A Company

Introduction. The article examines the features of holding general meetings of members in non-public business companies, in particular questions about the place of decisions of general meeting in the system of legal facts, their relationship with the deal and the contract. The ability to use digital technology in decision making. Theoretical Basis. Methods. The article is based on an analysis of the norms of positive law, primarily the Civil Code and the Laws on Company Business. Results. The authors conclude that the starting point in the activities of a non-public business company is the acquisition and exercise of their civil rights and the fulfilment of duties, and not a legal relationship that includes civil rights and civil duties as a necessary element. In addition, the decision of a general meeting, despite having many features in common, is not a deal. The decision of a general meeting, acting as an act of individual regulation, is in fact an act of a legal entity, and not a decision of the business community. The authors proposed a classification of decisions of meetings of business entities, depending on the method of their adoption, the possibilities being: the unanimously adoption by all participants of the company; decisions of the meeting of members of a company being adopted by a majority, or a qualified majority, of votes; decisions of the meeting of members of a company to change its charter, reorganization and liquidation of the company, requiring state registration in the unified state register of legal entities. The decision of a general meeting can be made either in person or in absentia, or a combination of the two. The decision of the meeting adopted in absentia will be valid, despite the absence of any special document establishing the procedure for its adoption. Discussion and Conclusion. Decisions of general meetings are actions of participants in a business company concerning legal consequences, including civil rights and obligations, in cases specified by law, and binding on all persons entitled to participate in the meeting, as well as other persons, whether required by law or having some other involvement.

CRITICAL DETERMINANTS OF HERITAGE PROPERTY VALUE: A CONCEPTUAL FRAMEWORK

2019 ◽  
Vol 17 (9) ◽  
Author(s):  
Normayuni Mat Zin ◽  
Suriatini Ismail ◽  
Junainah Mohamad ◽  
Nurul Hana Adi Maimun ◽  
Fatin Afiqah Md. Azmi
Keyword(s):  
Real Estate ◽  
Conceptual Framework ◽  
Structural Characteristics ◽  
Property Values ◽  
Property Value ◽  
Architectural Styles ◽  
Online Databases ◽  
The Status ◽  
Conference Papers ◽  
Published Research

Real estate is complex in nature, whereby its value is determined by many characteristics. Heritage property is different as compared with non-heritage property, thus; it is essential to identify the heritage property value determinants due to limited published research about it. This paper closes the gap by reviewing the literature to identify the determinants. To achieve this, academic journals and conference papers in online databases from 1974 to 2017 have been reviewed. The results indicated that there are four groups of heritage property value determinants namely; i) transaction characteristics, ii) structural characteristics, iii) spatial characteristics, and iv) historical characteristics. It can be concluded that heritage property values are differentiated by historical characteristics notably on their architectural styles or design and the status of the heritage property itself. This finding should be a useful guidance for the valuers in valuation practice.

Analysis of the principles of reference inventory today

2017 ◽  
Vol 924 (6) ◽  
pp. 43-48 ◽  
Author(s):  
V.N. Klyushnichenko
Keyword(s):  
Comparative Analysis ◽  
Real Estate ◽  
Developed Countries ◽  
Real Property ◽  
Property Owner ◽  
State Register ◽  
Information Object ◽  
Bona Fide ◽  
Source Of Information ◽  
Lost Object

A comparative analysis of the principles of the cadastre in the most developed countries and in Russia. It is shown that some of the principles of cadastre, it is advisable to introduce into the Russian legislation. Such principles include the principle of Renzenberger, as well as the principles of Ruoff and Kuranda. The Russian inventory has more than twenty years, however, it cannot be considered complete, as registered in cadastre only 60 % of real estate. Full filling of the cadastre information on real estate is possible, if we abandon the application of the principle of reference. Unlike foreign domestic inventory the inventory contains errors that complicate the procedure of registration of immovable property. In addition, the domestic inventory is not the only source of information about the property that causes the ambiguity of the information about the same object. Important is also that the damage caused inaccurate inventory information bona fide buyer or seller of real property under current law, does not exceed one million rubles, regardless of the value of the lost object. Foreign inventory recognizes the property owner the main participant of the changes, however, the Russian legislation allows for the adjustment of the information object without the application of the property owner. See principles of the foreign inventory is useful for the maintenance of the national cadastre. This will simplify the process of state cadastral accounting of real estate, reduce the time of its formation and to increase the reliability of materials of the Unified state register of real estate.

Acquisition in good faith of real estate im german Civil-Code

2021 ◽  
Vol 34 ◽  
pp. 65-88
Author(s):  
Byeongill Jang
Keyword(s):  
Real Estate ◽  
Civil Code ◽  
Good Faith
Sign in / Sign up

Export Citation Format

Share Document