How do correlative and liability rights relate? What is the...

How are correlated property and obligations rights? What is the specificity of real and obligatory relations, if they are connected with the real estate object?

Real rights are opposed by obligations. The key criterion for differentiation is the object of influence. For proprietary rights - this is property, obligatory - the subject of law, namely his actions. Parties of obligations are called the "creditor" and debtor & quot ;. According to the rule established by Clause 1, Article. 307 of the Civil Code of the United States, by virtue of an obligation, one person (the debtor) is obligated to perform in favor of another person (creditor) a certain action, such as: transfer of property, perform work, pay money, etc., or refrain from a certain action, and the creditor has the right to demand from the debtor the performance of his duties. Obligatory rights are not attributed to the properties of perpetuity, and the relationships associated with them are called relative, indicating that only a specific, well-defined subject, the debtor, can oppose a creditor. Since the binding rights bind individuals, they (rights) can be reciprocal; the realization of the right of one can be made dependent on the realization of the rights of the other. For example, a payment obligation may not be fulfilled by the buyer until the thing is transferred by the seller. Nothing like proprietary rights, which has a one-way connection, is not inherent.

Despite the fact that the division of rights into real and obligatory ones belongs to the number of ancient and generally recognized, it is largely conditional. Thus, the attribute of perpetuity fixed for property right can also belong to the law of obligations, in particular under a permanent rent contract. In addition, the law of obligations often acts as a mechanism (means, method) for the acquisition of proprietary rights. This is clearly seen in the example of purchase and sale. Sometimes scientists themselves can not decide whether a particular right is included in the number of real or obligatory rights, as is the case with a pledge.

Practice may seem that the division of civil rights into real and obligatory ones is devoid of applied meaning and should be investigated only by science, but such an opinion will be erroneous. Take, for example, buy-sell. It happens that the seller enters into a contract with one entity, then another, a third, without transferring a thing to either of them. After a lapse of time, one or all of the buyers apply to the court for a transfer of the thing and the question arises whether the seller could have entered into a second and subsequent contracts (to enter into a contractual relationship). Has anybody purchased a property right (property right)? Finding the right answer is possible only with the correct delineation of where in such a complex legal relationship as buying and selling, real rights and legal relations, and where the obligation.

The contract of sale is aimed at the transfer of ownership from one subject to another. Therefore, only a person with ownership can undertake to sell. Concluding the contract of sale, the seller expresses his will. The will of the buyer, coordinated with his will, gives rise to the right of the latter to demand the transfer of the thing. Since the relationship links the two subjects of law and its object are actions of the seller to transfer the thing (paragraph 1 of Article 454 of the Civil Code), then this relationship is mandatory. Separately from it, there is a seller's right to a thing. It can not be destroyed by an agreement. In order for the seller to lose ownership of the thing, it must be transferred to him (Article 223 of the Civil Code of the United States). As long as the seller possesses a thing, he is its owner, and therefore can be obliged to transfer in an infinite number of times. Accordingly, the buyer's awareness of his ability to require the seller to transfer the item (the obligatory element) does not make it the owner. It will become such only after the establishment of a real connection with the property through transfer.

A certain specificity is acquired by the obligatory and real legal relations, if they are connected with the real estate object. So, the parties are considered to be bound by legal relations with respect to immovable property, if their agreed will is vested in an exclusive written form: by drawing up a single document signed by both parties (Article 550 of the Civil Code of the United States). There is a feature and in relation to real property relations. For example, to acquire ownership of an immovable is not enough of its transfer. It is necessary that the right of ownership be registered in accordance with the procedure established by law. Even more stringent requirements are set for residential real estate (Article 558 of the Civil Code of the United States). Firstly, to the essential terms of the contract, a condition is added about persons who, in accordance with the law, retain the right to use this dwelling premise after its acquisition by the buyer. Otherwise, the contract can be recognized as not concluded, and therefore not generating mutual rights and obligations. Secondly, the contract of sale and purchase of residential real estate, concluded before March 1, 2013, is subject to state registration. This suggests that the parties to the contract of sale of housing, unlike the parties to the sale and purchase of other real estate, will be considered bound obligations not at the time of signing the contract, but at the time of its state registration.

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