Abstract

The article analyses the provisions of the Land Code of the Russian Federation, the Federal Law “On Registration of Real Estate”, the new Chapter 17.1 of the Civil Code of the Russian Federation regarding the application of the principle of unity of the fate of land and real estate to the premises during the transfer of rights to it, as well as judicial practice that has developed by the time this chapter of the Civil Code of the Russian Federation comes into force. The author comes to the conclusion that after filling the legal vacuum regarding the legal status of premises in a non-residential building and the rights of owners of premises to common property in the building, the Supreme Court of Russia will have to re-analyse the limits of the application of this principle when transferring rights to premises.

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