О некоторых особенностях, связанных с приобретением права собственности на недвижимое имущество

Abstract

The purpose of the study is to consider controversial positions existing in the law enforcement practice of the Supreme Court of the Russian Federation and related to registration actions for the transfer of ownership of vend in the Federal Service of State Registration, Cadastre and Cartography. Research objectives: to determine the necessity of state registration of the transfer of ownership, to identify the main ways to protect the rights of a bona fide acquirer of vend, to study the features of the division of real estate of spouses. General scientific methods (dialectical, logical, systematic), private scientific methods (historical, statistical, sociological), as well as special legal (comparative legal, formal legal) were used. The actual circumstances taken into account by the courts in disputes over the rights to real estate are indicated. It is noted that in the current legislation there are no clear criteria for classifying property vend. The ways of protecting the right of a bona fide buyer are considered, including confirmation of the actual transfer of the apartment under the contract of sale and obtaining the consent of the second spouse when concluding a preliminary contract of sale on the seller’s side. Such subjects of legal relations as spouses have been studied, since when dividing the joint acquired property, the question of determining the share in the ownership of vend is most acute. It is noted that the fact of registration is not always an unconditional basis for the emergence of ownership of vend.