State registration of Real Estate
State Registration of Real Estate
The Civil Code divided the property into real estate and movable one and at the same time appointed the institute of the state realty registration.
The 131st Article of the Civil Code says it is essential to have required integral state system for registering the rights for real estate and transactions with it. At the present the registration of the rights for real estate is carries on according to the federal law "On the state registration of the rights for real estate and transactions with it". The federal law has been acted all over Russia since January 31, 1998. It doesn't have a reverse power and it is applied only to the cases appeared after ratifying the law. Actually, it means that the rights for real estate appeared before ratifying the federal law according to the existed order are considered valid and do not require the additional state registration. However, the state registration can be carried out if the possessor of the rights wishes.
The Federal Law fixes special rules for cases when after the Law's ratifying deals were make related to the property even if the rights for it appeared before January 31, 1998. In such cases a deal is subject to the state registration just after the state registration of the right for making the deal.
According to the 2nd Article of the Federal Law "On the state registration of the rights on real estate and transactions with it" the state registration is the only provident of registered right's existence.
Registered right for realty can be argued just in the court. The main goal of the state registration of the rights for the real estate and transactions with it is to exclude abuse, to strengthen the state control over the legality of deals that are being made in the interests of the society and parties of an agreement.
The Civil Code and Law "On the state registration of the rights for real estate and transactions with it" fixe that rights' delegation and break of the deals with real estate are also subject to the state registration.
Consequently, the rights' delegation is required to be twice registered, because fist the deal should be registered as a legal delegation of the rights for real estate & then the delegation of the rights for items to their buyer should be registered. In spite of their simplicity, the problems of "double registration" are not being solved one by one in the legislation of Russia.
There is special legislation in most foreign countries that regulate realty. The state registration of real estate is the most important issue there. There are more strict rules for making and carrying out the real estate deals. They are explained by the attention to land and to other natural resources as to the objects of realty; also by the necessity of setting the certain limits (ecological, nature's protective, sanitary, etc.) on using these objects.
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