Peculiarities of the legal status of immovable property of family members

Introduction. The Russian lawmakers do not endow immovable property of family members with independent features of objectness, however, in family relations the realisation of rights to such property has a certain specificity, which is evident in the peculiarities of its purchasing and saling, realisation of the rights of the owner, as well as of the persons residing with him, restrictions of rights, protection measures, and the procedure for termination of rights. The purpose of the article is to develop theoretical provisions regarding the legal status of immovable property of family members, as well as practical recommendations aimed at further improvement of the current legislation. Methods. The research is based on the integrated use of dialectical method, which made it possible to reveal the peculiarities of the legal status of immovable property of family members, due to the identified specificity of the object and subject composition of relations, as well as the systematic approach, through which the legal status of immovable property of family members was analysed as a complex legal phenomenon, representing a set of legal means. Results. The legal status of immovable property of family members requires a systematic approach in ensuring the property interests of family members as a civil-law community, as well as public interests aimed at protecting the family, protecting the interests of particular family members unable to meet their own housing needs, and includes a set of legal means on the basis of which it is possible to own, use and dispose of a particular real property object.

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Publication Details

Journal
Vestnik of the St Petersburg University of the Ministry of Internal Affairs of Russia
Published
2024-12-26
DOI
https://doi.org/10.35750/2071-8284-2024-4-115-123
Primary Topic
Legal Studies and Reforms
Type
article
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article

Peculiarities of the legal status of immovable property of family members

Ekaterina Semenova
Vestnik of the St Petersburg University of the Ministry of Internal Affairs of Russia
Legal Studies and Reforms
article

Peculiarities of the legal status of immovable property of family members

Ekaterina Semenova
article en

Abstract

Introduction. The Russian lawmakers do not endow immovable property of family members with independent features of objectness, however, in family relations the realisation of rights to such property has a certain specificity, which is evident in the peculiarities of its purchasing and saling, realisation of the rights of the owner, as well as of the persons residing with him, restrictions of rights, protection measures, and the procedure for termination of rights. The purpose of the article is to develop theoretical provisions regarding the legal status of immovable property of family members, as well as practical recommendations aimed at further improvement of the current legislation. Methods. The research is based on the integrated use of dialectical method, which made it possible to reveal the peculiarities of the legal status of immovable property of family members, due to the identified specificity of the object and subject composition of relations, as well as the systematic approach, through which the legal status of immovable property of family members was analysed as a complex legal phenomenon, representing a set of legal means. Results. The legal status of immovable property of family members requires a systematic approach in ensuring the property interests of family members as a civil-law community, as well as public interests aimed at protecting the family, protecting the interests of particular family members unable to meet their own housing needs, and includes a set of legal means on the basis of which it is possible to own, use and dispose of a particular real property object.

Vestnik of the St Petersburg University of the Ministry of Internal Affairs of RussiaVol. 2024(4)
Peace, Justice and strong institutions
Openalex Percentile: Top 60%
Legal Studies and Reforms
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