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PRINCIPLE OF THE «UNIFORM OF DESTINY» OF THE LAND PLOTS AND THE OBJECTS TIGHTLY CONNECTED WITH THEM AND THE ISSUES OF ITS IMPLEMENTATION

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PDF: Author(s): Ryzhenkov A. Ya.,
Number of journal: 2(35) Date: May 2016
Annotation:

The principle of the land legislation on the «uniform destiny» of the land plots and the real estate facilities located on them is investigated in the article. The author proves that the land plots and the real estate objects located on them aren’t either the main thing and accessory or a complicated thing. Moreover, the legal design of the «uniform destiny» is a stage in the course of formation of the concept of the uniform real estate object. On the basis of the analysis of jurisprudence the conclusion is made that in relation to hereditary legal relationship the courts quite often deviate implementation of this principle believing that the land plots and the real estate facilities located on them are the independent objects of a civil turnover. Such situation demands modification and additions of the civil legislation and carrying out by the Supreme Court of the Russian Federation of the synthesis of jurisprudence, with an explanation of the correct application of the principle of the «unity of destiny» of the land plot and the objects located on it.

Keywords:

«unity of destiny», land plot, real estate object, jurisprudence, civil turnover, uniform real estate object, law of succession, enterprise, state registration, donation.

For citation:

Ryzhenkov A. Ya. Principle of the «uniform of destiny» of the land plots and the objects tightly connected with them and the issues of its implementation // Business. Education. Law. Bulletin of Volgograd Business Institute. 2016. № 2 (35). P. 185–190.