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Acquisition and termination of the right of ownership in Russia

https://doi.org/10.17589/2309-8678-2018-6-1M-1

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Abstract

This article overviews the system of legal facts which, under Russian law, lie at the basis of the acquisition and termination of the right of ownership. The grounds for the acquisition of the right of ownership are being analyzed through their classification to the initial and derivative ones. The author focuses on the acquisition of the right of ownership in the result of making of a new thing; producing fruits, products and incomes from using a thing; entering a contract or another kind of deal on the alienation of property; succession; becoming the owner of the ownerless property; paying the share contribution as a member of a consumer cooperative. Special attention is payed to the procedure of the acquisition of the right of ownership to an unauthorized structure. Termination of the right of ownership is examined through such grounds as alienation of property by the owner in favor of another person; renouncement of the right of ownership by the owner; perish or destruction of property; loss of the right of ownership. The article also covers the instances of the forcible withdrawal of property, including, but not limited to turning of the penalty onto the property under obligations; alienation of the property, which may not be owned by the given person; alienation of immovable property and withdrawal of a land plot because of its improper use; alienation of immovable property due to withdrawal of a land plot for state or municipal needs; redemption of the mismanaged cultural values and of domestic animals; requisition; confiscation; appropriation by the Russian Federation on the basis of a court decision etc.

About the Author

Ekaterina Tyagay
Kutafin Moscow State Law University (MSAL)
Russian Federation

Ekaterina Tyagay (Moscow, Russia) – PhD, Vice-Rector for Academic Affairs, Associate Professor, Civil Law Department, Kutafin Moscow State Law University (9 Sadovaya-Kudrinskaya Str., Moscow, 125993, Russia; e-mail: e.tyagay@gmail.com)



References

1. Mozolin V.P., Masliaev A.I., Butler W. Russian Civil and Commercial Law: Volume 1 - General Provisions Ownership. (London: Wildy, Simmons and Hill, 2009).

2. Sukhanov E.A. The Right of Ownership in the Contemporary Civil Law of Russia, 44 McGill L.J. 301 (1999).

3. Osakwe C. Anatomy of the 1994 Civil Codes of Russia and Kazakstan: A Biopsy of the Economic Constitutions of Two Post-Soviet Republics, 73 Notre Dame L. Rev. 1413 (1998).

4. Russian Property Law, Privatization, and the Right of "Full Economic Control", 107(5) Harvard Law Review 1044 (1994).


For citation:


Tyagay E. Acquisition and termination of the right of ownership in Russia. Russian Law Journal. 2018;6(1M):1. https://doi.org/10.17589/2309-8678-2018-6-1M-1

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ISSN 2309-8678 (Print)
ISSN 2312-3605 (Online)