1. The concept of things as objects of civil rights


Movable and immovable things



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THINGS.

2.2 Movable and immovable things


Of great legal importance is the division of things into movable and immovable. The law refers to real estate land plots, subsoil plots and all things firmly connected with land, i.e. inseparable from it without disproportionate damage to their economic purpose (residential houses and other buildings and structures, perennial plantations and forests, isolated water bodies, etc.). The law may also include other property similar in essence to immovable things. For example, housing legislation refers to real estate objects apartments and other residential premises in residential buildings and other buildings suitable for permanent and temporary residence (Article 1 of the Law on the Fundamentals of Federal Housing Policy ).
Such registration is a legal act of recognition and confirmation by the state (public authority) of the emergence, restriction (encumbrance), transfer or termination of rights to real estate and serves as the only evidence of the existence of registered rights. These rights can only be challenged in court.
Property rights are subject to state registration, as well as the rights of lease and trust management and transactions with land plots, subsoil plots or isolated water bodies, forests and perennial plantings, buildings, structures, residential premises, enterprises and condominiums as property complexes. Registration is carried out by institutions of justice for registration of rights to real estate in the Unified State Register and is certified by the issuance of a certificate of state registration of rights to real estate. The information contained in the Unified State Register of Rights to Real Estate is open and can be provided to any person for any real estate object. Denial of state registration may be appealed in court. On the other side, the lack of mandatory state registration of certain objects closely related to land, such as construction in progress, raises doubts about their legal nature as real estate. Thus, as a general rule, real estate includes things that are firmly connected with the land, not only physically, but also legally, since their use for its intended purpose is impossible in the absence of any rights to the corresponding land plot.State registration of rights to real estate of civil law significance should not be confused with cadastral and other technical accounting (inventory) of certain types of real estate of fiscal or other public law significance.
State registration of immovables and transactions with them is the main feature of their legal regime. This feature is caused, first of all, by legal reasons, and not only by the natural properties of these objects of circulation. In this regard, the law extends the real estate regime to certain objects that are “movable” in the natural-physical sense, for example, to aircraft and sea vessels and space objects (they are subject to state registration in special registers in accordance with special rules).
The current civil law in most cases does not require a notarial form of real estate transactions along with their state registration, because this would unnecessarily complicate the procedure for their completion and would lead to unjustified additional costs for participants. At the same time, in many situations, it also provides for other features of the legal regime of real estate in comparison with movable things (for example, when foreclosing on mortgaged property, when determining the scope of the powers of unitary enterprises to the property of a public owner assigned to them, etc.).
Things that do not belong to real estate (and therefore do not require registration of their legal status) are things, although they have significant value, but are not connected with land and are not recognized as real estate by law. For example, when selling a “house for demolition”, the object of the transaction is not the house, but the totality of building materials that make it up, and which in itself has no connection with the land. All of these are movable things. As the law indicates, any things that are not classified by it as real estate are recognized as movable. The law may establish state registration of transactions with certain types of movable things, for example, with some things limited in circulation. In this case, it has a right-generating meaning and affects the validity of the relevant transactions (although it does not turn movable things into immovable, for the latter must be recognized as such by law). It should also not be confused with the technical registration of certain movables, such as motor vehicles or small arms, with the relevant internal affairs bodies. Such registration can only affect the exercise of civil rights (for example, the prohibition of the operation of a car by an owner who is not registered as such with the State Automobile Inspectorate), but not their emergence, change or termination (in particular, ownership of a car)
So, in this paragraph, we got acquainted with movable and immovable things. We found out that according to the law, real estate includes land plots, subsoil plots and all things that are connected with land, i.e. inseparable from it without disproportionate damage to their economic purpose.
We came to the conclusion that the state registration of immovable things and transactions with them is the main feature of their legal regime. We found out that real estate does not include things, although they have significant value, but are not connected with land and are not recognized as real estate by law.






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