Termination of ownership in the legislation of the Russian Federation

Every person has his right to dispose of the property that belongs to him, whether it's a small thing, a car or an apartment. But when the alienation of property occurs , then the termination of the right of ownership also operates. In what cases, according to the law, is this concept used?

This right is one of the most stable from a legal point of view. That is why the laws of the Russian Federation regulate simultaneously the emergence and termination of the right of ownership.

Abandon the ownership of any thing can, first of all, the owner himself. The reasons can be two: either he transfers his property to other persons (for example, sells an apartment, gives it, and so on), or voluntarily renounces it.

The last case for our legislation is still new. Although such termination of the right of ownership, as a waiver, was previously used in property relations. Under this rule, the owner can refuse a particular thing by acting publicly, or having accomplished real actions - for example, by disposing of property. From the car so you can get rid of, but the real estate in the garbage can not be thrown out.

Important point: note that while the new owner has not officially acquired the ownership of the property, the owner can still dispose of it. It is very important to take this into account when concluding a contract when buying land or housing. After all, until a certificate of ownership is issued , the owner can sell the subject of the transaction to someone else.

Termination of ownership is also possible as a result of privatization, that is, the transfer of state and municipal property to the hands of an individual. Such a procedure takes place on the initiative of the public owner (that is, the municipality or the state), and assumes a small fee. Naturally, the object of such a transaction will primarily be real estate. Privatization is carried out in accordance with the Law on Privatization. The norms of the Civil Code do not apply in this case.

And, finally, the last case, which may lead to the termination of the right of ownership. This is death, or the deliberate destruction of property. After all, if the object of law no longer exists, there is already nothing to possess the owner. Death is the loss of property due to accidental causes, a natural disaster and so on, that is, without the participation of outsiders. Then all responsibility for what happened is on the shoulders of the owner. The term "destruction" by lawyers applies in the event that someone deliberately caused damage to property. He bears all responsibility.

It is worth noting that in 2008 the Federal Law, entitled "On State Registration of Rights to Immovable Property and Transactions with It", was supplemented by an article stating that termination of the right to own land is subject to registration. From this point of the law it follows that the owner is obliged to register in the relevant body his refusal to own the land plot or its share. To do this, you must file an application.