Principle of unity of fate of the land plots and strongly related objects
Автор: Likholetova S.V.
Журнал: Вестник Южно-Уральского государственного университета. Серия: Право @vestnik-susu-law
Рубрика: Проблемы и вопросы гражданского права
Статья в выпуске: 2 т.19, 2019 года.
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Analyzed separate aspects of the principle of unity of fate of the land plots and strongly related objects. In the land and legal sphere this principle the content of this principle needs to be considered taking into account a legal regime of the land plot, its reference to one of categories of lands. The considered principle needs to be considered also when granting the land plots which are in the state or municipal ownership and also at differentiation of state ownership on the earth. Content of the principle is offered to be considered from two positions: first, transition of the property right to the land plot and real estate objects if they already belong to one person; secondly, emergence of the right for a real estate object at already arisen property right to the land plot and vice versa. Regulation of a legal regime of the land plots and the real estate objects which are on them acts as one more aspect of the principle of unity. The conclusion is drawn on need of accounting of the provisions regulating establishment of a type of the allowed use of the land plot and a legal regime of real estate objects. The question of the problems of realization of the considered principle taking into account construction of facilities which are under the Earth's surface is raised.
Land plot, real estate objects, principle of unity of fate of the land plots and strongly related real estate objects, granting land plots, turn of the land plots
Короткий адрес: https://sciup.org/147231452
IDR: 147231452 | DOI: 10.14529/law190204