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Features transactions onerous and gratuitous alienation future of real estate

Petrova Elena Anatolevna  (Postgraduate student, Russian State University of justice)

Alienation of property as an action to terminate the property of its owner, followed by the transfer of this property to another person is regulated by the civil code of the Russian Federation in the section «termination of ownership». In judicial practice, the question still remains, what exactly should be understood as alienation or possibility of alienation directly or indirectly. Neither the law nor the explanations to it does not disclose the definition of these terms. The term «disposition» is generally used in cases of transfer of ownership to another person. The legislator speaks not only about the actual disposal of property, but also about the possibility of such disposal (for example, in the case of a preliminary contract of sale or lease with the right of redemption). Thus, the ambiguity of both terminology and the procedure itself determines the relevance of the study. The article deals with the peculiarities of conclusion of transactions of paid and gratuitous alienation of future real estate objects, caused by the ambiguous legal nature of this kind of relations.

Keywords:future real estate, contract, purchase and sale, real estate, alienation.
 

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Citation link:
Petrova E. A. Features transactions onerous and gratuitous alienation future of real estate // Современная наука: актуальные проблемы теории и практики. Серия: ЭКОНОМИКА и ПРАВО. -2018. -№04. -С. 166-168
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