Structure of the single real estate complex system as an issue for debate

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The article is intended to investigate the single real estate complex as a system of structurally interconnected elements which due to the integration in a single association form a whole unit, losing their separateness and individuality. The author points out that those elements of a single real estate complex are interconnected with each other through a certain structure. After analyzing and comparing different viewpoints of jurist scientists on the definition of "structure", the author suggests that revealing the structure of a single real estate complex means to characterize (find out) a connection method as the way of association among the individual elements (immovables and movables) within the whole unit and discover "how" those components interact, forming a single immovable thing. The author concentrates specifically on the fact that the legislator provides civil turnover participants with two ways to combine things in a single real estate complex: physical and technological ones. As for a physical connection method it assumes that elements are intimately linked within the whole unit and this is achieved with the help of two options: 1) by connecting buildings and other things in order to create one immovable thing serving a single purpose; 2) by placement of buildings, structures and other things within a single plot of land for the purpose of fulfilling a single common function. The technological means of connection refers to the union of a complex set of movable and immovable things linked by a single technological aim of using. However, the author strongly believes that "actual", i.e. physical and technological connection is not enough to create the single real estate complex system. The article emphasizes that there must be a "legal" connection of several things into a coherent whole unit. This type of connection is carried out by the state registration of ownership of the totality of these described things as one immovable entity in the unified state register of real estate rights. The author concludes that the structure of a single real estate complex is a set of specific means of physical, technological (functional) and legal relationship of several immovable and movable things in order to create a brand new object of civil rights - a single immovable thing.

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A single real estate complex, immovable thing, structure, a set of immovable and movable property things, object of civil rights, technological association of things, legal connection of things

Короткий адрес: https://sciup.org/147202420

IDR: 147202420

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