In most cases, the Russian civil law considers civil registration to be one of the elements of the actual composition that lies at the basis of the emergence, modification or termination of the subjective immovable property rights.
The institution of state registration of rights, the goal of which is to guarantee the existence of public, exhaustive, and authentic information concerning the subjective immovable property rights, can provide for a variety of means and ways of achieving this aim. The choice of one or the other combination of these predefines particular civil law (substantive) consequences that the law links to the act of state registration, as well as the general effect which the institution under consideration has on the real estate circulation as a whole.
The present study focuses on examining the preconditions, the principal goals and the main foundations, the methods of implementation of the state registration of immovable property rights: the methods of organizing the information in the public register, the basics of making entries, the irrevocability of the entry, specialty, the seniority of the registered rights, the public credibility of the register, etc.
Special attention is paid to the description of the special features of the basic historical types of the registration systems (German, French, and British colonial (Torrens System)) which are in use in the most advanced Western rules of law and, due to their substantive coherence, which has, besides, been tested by the long practice of their implementation, act nowadays as a baseline for anyone who is dealing with the formulation and assessment of the registration regulations of one’s state.
Analysis of the Russian registration procedure has been carried out according to the rules of the Federal Law “Of Civil Registration of Immovable Property Rights” of 13.07.2015 № 218-ФЗ.
The book is meant for the students, graduate students, and teachers of the law schools who are studying civil law, practicing lawyers, and the workers of the state institutions responsible for the civil registration of immovable property rights.
A new work by Vladimir Volfson is entirely dedicated to bad faith in the exercise of subjective rights. While the civil law doctrine in this domain of legal knowledge is becoming increasingly sophisticated in line with a correspondent move of legal relations towards growing complexity, the subject retains much of its scholarly appeal largely due to an extreme diversity of academic approaches as well as to uncertainty in the current jurisprudence. The author of this monograph differentiates abuse of law from bad faith behaviour. The latter is, in his view, the conflict in the intentions about the claim ground. The lack of good faith, subsequently, is such a flaw in the claimant's interest that, if established, should launch a test whether the action in question constitutes an abuse of law. However, this indicator of the condition of the claimant's interest is not in per se equivalent to the condition itself; therefore, the court should not equate bad faith to abuse of law. The work goes on to unfold the above viewpoint, suggesting some arguments in its favour. Set against this notion of bad faith are the cases of what is described as legally neutral bad faith and even one that is legally allowed. The author also explores the standards of bona fide (as a prerequisite of the legal claim) applied by the lawmaker in special provisions of the civil legislation. Following his understanding of the good faith category, the author criticizes the current position of the principle of good faith in the Russian Civil Code as a legal obligation and a general prerequisite of a claim. In the framework of the view set forth in the work, this principle can be nothing but a legal presumption. Legislation and case law are given as of November 2018.