Государственная регистрация прав на недвижимое имущество – существенный элемент охраны прав субъектов гражданского оборота РФ
In article topical legal issues of the Russian system of the state registration of the rights for real estate from the point of view of protection and protection of the rights of subjects of a civil turn are analyzed; opinions of scientists and courts on this problem are presented; the author's position is reasoned.
The author made an attempt to investigate genesis of institute of registration of the rights for real estate in Russia. For achievement of a goal the historical documents regulating an order and conditions of the accounting of real estate, registration of the rights for it are studied and also the arising problems are analysed and author's conclusions which can be considered by developers of modern system of registration of the rights for real estate are drawn. The points of view of famous scientists – civilians of that time, among them D. I. Meyer, I.M. Tyutryumov, G. F. Shershenevich, etc.
Introduction: the article considers various legal models of private law restrictions on the ownership of land. In the context of the formation of a single civil law institute of neighbor law, it is necessary to form a model of private law restrictions on property rights corresponding to modern social and economic relations. In different legal systems, their own legislative models of neighbor law have been developed. With the introduction of new technologies, modern types of industrial production, development of opportunities for using space over private real estate for various purposes, there appear new concepts of neighbor law. In this regard, the study of a set of theoretical and legal issues concerning neighbor law is of considerable significance. Purpose: to develop an understanding of the legal models of private law restrictions on the right of ownership to real estate in European countries and the United States, based on the analysis of scientific sources, various legal doctrines, laws of individual countries, as well as judicial practice. The leading method to investigate this problem is the comparative legal one, which allows us to comprehensively consider the legal institutions of neighbor law in different countries and to identify the most general patterns of the development. Along with the comparative legal method, we also used the methods of objectivity, from the abstract to the concrete and from the concrete to the abstract, empirical methods of comparison, description, interpretation, theoretical methods of formal and dialectical logic. Results: the principles on which restriction on property rights in foreign legal systems is based are presented, the model of neighbor law proposed for implementation in the 19th century is shown, various theoretical models of neighbor law in domestic and foreign law are analyzed, the author’s model recommended for application to improve legislation on the ownership of real estate is presented. Conclusions: the paper justifies differences in the approaches of American and European law in the formation of restrictions on property rights, and also the absence of grounds for the dominance in the countries of the post-Soviet space of the American model of restrictions on the ownership of private property. The paper substantiates the criteria for the differentiation between public and private law regulation of neighborly relations, the dominance of the norms of civil law in neighbor law, the possibility of changing legal restrictions on property rights in the interests of a neighbor by an agreement establishing the real right of a servitude type, grounds for referring to the right of the necessary road in the German legal order. The materials of the article are of practical value in determining the legal policy for the development of legislation on restrictions on the right of ownership to land in the interests of neighbors in the context of the reform of Russian civil law.
The present study analyzes Perm, Russia residential housing market supply focusing on sellers' heterogeneity. Many indicators of heterogeneity were consi- dered in the previous research, and all of them were proved to have a great impact on housing prices and time on the market. However, the gap exists in evaluating sellers’ pricing strategies in dynamics mostly because of unavailable data. Current study clears out the effect of time on price using data on asking price dynamics. We employ semiparametric sample selection estimation procedure which accounts for the unobserved property characteristics and non-random selection of objects out of the sample. We consider two main types of sellers: real estate agents and property owners, and show that real estate agents appear to be more impatient compared to property owners. Specifically, they set a lower asking price initially and are more likely to revise it over time if the object is not sold.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/