О владении недвижимым имуществом

Закон. 2019. № 9. С. 146–156.

Alexeev V.

This article discusses the concept and characteristics of possession under the current law, and identifies features ofpossessionofrealestate. Theauthorcomestotheconclusion that the current legislation considers the possession of an immovable thing as an actual state, which is characterised by the possibility of regulating access to things by others. Attention is drawn to the fact that the possession of real estate only in a limited number of cases serves to ensure the “visibility of the right”, which, as a general rule, in respect of real estate is achieved by state registration. Therefore, the author believes that the perfection of legislation should follow the path of implementing the concept of registered possession. According to this concept, a person whose right is registered in the Unified State Register of Real Estate should be recognised as the possessor of the property. The article analyses the implications of a transition to the registered possession in terms of real estate transfer, its vindication and double sale.

Keywords: недвижимость, виндикация, владение и вещное право, передача вещи