Please enable JavaScript.
Coggle requires JavaScript to display documents.
Real estate is a type of property that is recognized by law as immovable.
Real estate is a type of property that is recognized by law as immovable.
PROPERTY TYPES :
land,
subsoil areas
isolated water bodies
the woods,
perennial plantations
building,
facilities,
unfinished construction objects,
all that is firmly connected with the land, that is, objects whose movement without disproportionate damage to their purpose is impossible.
.
PROPERTY SIGNS:
firmly connected to the earth, both physically and legally;
the durability of the investment object;
property value is high;
each unit of real estate is unique in its physical characteristics;
loss of consumer properties occurs gradually as wear;
New construction especially affects the value of nearby real estate;
strict state regulation of real estate transactions.
the ability to meet the human need for residential and other space is determined by the usefulness of real estate;
link to rights:
PROPERTY RIGHTS:
The object of the right of private property is an individually defined land plot as a part of the earth's surface, which has characteristics that make it possible to define it as an individually-defined thing.
PROPERTY PROPORTIES::
usefulness (real estate should meet the needs of the owner as much as possible);
fundamental nature (real estate under normal conditions cannot be lost, broken or kidnapped);
stationarity (real estate is closely connected with the land);
originality (each property is unique);
liquidity (real estate has low liquidity)
DIFFERENCES OF MOVABLE AND IMMOVABLE PROPERTY
• alienation and acquisition of immovables is associated with the need for state registration
of transactions with immovables (art. 164, 223 of the Civil Code of the Russian Federation),
which is available for familiarization to third parties. State registration of transactions with movables is carried out only in cases specifically specified in the law;
• provides for a different procedure for acquiring ownership of immovable and movable ownerless
things (Art. 225 of the Civil Code of the Russian Federation) and things that the owner refused (Art. 226 of the Civil Code of the Russian Federation);
• mortgage can be established only in respect of immovables
(Art. 338 of the Civil Code of the Russian Federation);
• inheritance of immovable things and their legal regime are determined by the norms of law in force at the place of their location, movable things (in case of inheritance) - by the norms of law in force at the last permanent residence of the inheritor;
• disputes about the right of ownership and other real rights to immovables are considered at the location of immovables
(Article 30 of the Civil Procedure Code of the Russian Federation),
disputes about similar rights to movable things - at the location of the defendant (Article 28 CCP RF),
and in the cases specified in the law, in a place determined by the choice of the claimant
(Article 29 of the Code of Civil Procedure of the Russian Federation).