The concept and general characteristics of real estate, By what...

Concept and general characteristics of real estate

By what criterion are things subdivided into movable and immovable?

Traditionally, in civil law, things are divided into movable and immovable. The object of ownership can be all material objects of the world around us, which are art. 128 of the US Civil Code refers to things. First of all, this is land and other natural resources, enterprises, structures, equipment, vehicles, raw materials, finished products, as well as securities and money. Civil law divides things into immovable property, whose objects are firmly connected to the land, and other - movable property (Article 130 of the Civil Code of the United States). This graduation is of significant legal importance: the rights to real estate, as well as transactions with it in cases provided for by law, are subject to state registration.

It is customary to distinguish civil rights objects (legal relations) and objects of ownership. It is no accident that these categories are regulated in different chapters of the US Civil Code. Not all objects of civil law can be subject to subjective property rights, but only individually-defined material things. This means that "the object of any real right can be only individual-defined property, ie, endowed with the totality of identifying features that make it possible to isolate it from the mass of similar things with a maximum degree of probability. "

Things in civil law are tangible, physically tangible objects that have the economic form of goods. Things become objects of ownership and other proprietary rights.

According to paragraph 1 of Art. 130 of the Civil Code of the United States to real estate (real estate, real estate) include land, subsoil plots and everything that is firmly connected with the land, i.e. objects, the movement of which without disproportionate damage to their purpose is impossible, including buildings, structures, objects of unfinished construction.

To immovable things are also subject to state registration of air and sea vessels, inland navigation vessels, space objects. The law to real estate can be attributed and other property.

As can be seen from the legal definition of real estate, its feature is a sign of a strong connection with the land, which is understood as the impossibility of moving an object without disproportionate damage to its purpose. This feature is traditionally inherent in real estate. It was used in Roman private law. In literature, often a sign of a strong connection with the land is called "natural", and real estate allocated for this attribute is "real estate by nature". The sign of the strength of the connection between the object and the ground is of an evaluative nature, therefore, sometimes, in conditions of intensive development of construction equipment, it becomes possible to transfer from one place to another objects previously considered immovable things.

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