The principle of public credibility of the property register when one of the former spouses unlawfully disposes of immovable thing in their community property

Автор: Ermakova A.V.

Журнал: Ex jure @ex-jure

Рубрика: Частноправовые (цивилистические) науки

Статья в выпуске: 4, 2022 года.

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The article focuses on the principle of public credibility of the property register in Russian civil law. The principle is reviewed in instances when an innocent buyer has purchased the real estate community property of the former spouses which was not legally registered and sold by one of the owners without ownership. The article analyzes legal approaches formed by the Russian Federation Constitutional Court by an Order of 13 July 2021 № 35-П. Analyzing the negative impact of the principle of public credibility for the former spouse, when the real estate was disposed of in the absence of their agreement, the author comes to the conclusion of the importance of initiating actions to prevent such situations through the changes to the legislation aimed at achieving factual credibility of the register.

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Real estate, state registration of rights, credibility of the property register, the principle of public credibility of the property register, community property

Короткий адрес: https://sciup.org/147239710

IDR: 147239710   |   DOI: 10.17072/2619-0648-2022-4-26-41

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