Transfer Of Property Rights Research Articles

INSTITUTE OF SUCCESSION IN CIVIL LAW AND ITS APPLICATION

Relations that arise in social life are regulated by a number of institutions of various legal fields. In particular, in the field of civil law, there are such relations that arise and are formed between the subjects of civil law, whose development is ensured by the legal heirs of the participating parties due to the occurrence of a specific life situation. This institution is called succession in civilization. This article examines the definition of the institution of succession, the issues of universal and singular legal succession, and their application in civil law. In particular, succession is the phenomenon of transfer of property rights and obligations from one person to another person directly on the basis of law or contract. Legal succession can be universal or singular. In universal legal succession, the totality of all rights and obligations belonging to one person is transferred to the second person. For example, when several legal entities are merged, it can be seen that all the rights and obligations of the predecessors are transferred to the newly established legal entity in the order of universal succession. Singular succession means the transfer of rights to a certain part of the property, not the whole. The institution of succession is widely used in relations involving citizens and legal entities.

Juridical Analysis of Transfer of Land Ownership Rights Unknown to the Previous Owner

The transfer of property rights over land from one party to another can be obtained through a court decision. Based on the provisions of Law No. 5 of 1960 concerning Basic Agrarian Principles and Government Regulation No. 24 of 1997 concerning Land Registration, the sale purchase and transfer of land rights must be carried out in front of a land deed official (PPAT). Many problems arise regarding the ownership of land rights carried out under the hand, in the sense that they are not in accordance with the applicable regulation. The case can be detrimental to the buyer and even a lawsuit must be made through the court. The case in this study is a case of transfer of land rights because the loss of the certificate was later found after 25 years and the owner has a good intention to apply for a name change, but the previous owner of the certificate is unknown. This study aims to ensure legal certainty in the transfer of ownership of land that is unknown to the previous owner and explain the legal consequences of the transfer of ownership of the land after the issuance of a court decision. This study uses a normative juridical method and the method of data collection uses interviews and studies and reviews a applicable law and regulation as a basis for solving problems. Therefore, using a court decision can be the basis for rights that have permanent legal force in the transfer of land rights

Oops! The Unfortunate (but Basic) Error in the New UCC Article 12

The Uniform Law Commission and American Law Institute have recognized the need for commercial law to govern digital transactions and responded with the proposed addition of a new article to the Uniform Commercial Code (the “Code” or “UCC”), Article 12. Article 12 will govern the transfer of property rights in a particular category of digital assets (controllable electronic records), which would include commonly known digital assets, such as bitcoin and non-fungible tokens (“NFTs”). Although the addition of Article 12 should provide more certainty in transactions involving current and emerging technologies, there is a fundamental problem with the article as it is currently drafted, which, left unresolved, will instead invite legal uncertainty and litigation. The problem is the drafters’ choice to cast the “qualifying purchaser” in the role of the dramatis personae of Article 12. Article 12’s “qualifying purchaser” benefits from a generous rule that allows them to take controllable electronic records free from competing claims. The drafters include a person who obtains a controllable electronic record from a thief or hacker as someone who could be a “qualifying purchaser.” However, in order to be a “purchaser” under the current definition in the UCC, a person must take through a transaction that creates an interest in property. Thieves and hackers obtain no property interest when they steal a controllable electronic record, so a person who takes a controllable electronic record from a hacker could not be participating in a transaction that creates an interest in property. Thus, they could not be a “qualifying purchaser,” as the drafters claim. Most of the uncertainty of the result could have been avoided had the drafters chosen a term other than “purchaser” to describe the beneficiary of Article 12’s liberal take-free rule and defined it in a manner that would effectuate the drafters’ statutory aim. However, despite making the drafters aware of this glaring issue, they have failed to remedy the mistake. This is unfortunate and will likely lead to legal uncertainty and, thus, needless litigation after the article’s enactment. Why rely on courts to tweak sections of the Code if ambiguities are recognized and can be eliminated by careful drafting? If inartful statutory drafting is a source of uncertainty that can easily be reduced without offsetting social costs, efforts should be made to do so.

"FUQAROLIK HUQUQIDA SUKSESSIYA INSTITUTI VA UNING QO‘LLANILISHI"

Relations that arise in social life are regulated by a number of institutions of various legal fields. In particular, in the field of civil law, there are such relations that arise and are formed between the subjects of civil law, whose development is ensured by the legal heirs of the participating parties due to the occurrence of a specific life situation. This institution is called succession in civilization. This article examines the definition of the institution of succession, the issues of universal and singular legal succession, and their application in civil law. In particular, succession is the phenomenon of the transfer of property rights and obligations from one person to another directly on the basis of a law or contract. Legal succession can be universal or singular. In universal legal succession, the totality of all rights and obligations belonging to one person is transferred to the second person. For example, when several legal entities are merged, it can be seen that all the rights and obligations of the predecessors are transferred to the newly established legal entity in the order of universal succession. Singular succession means the transfer of rights to a certain part of the property, not the whole. The institution of succession is widely used in relations involving citizens and legal entities.

Peculiarities of concluding an agreement on the transfer of property rights to a software

The article reveals the peculiarities of concluding an agreement on the transfer of property rights to a software, the analysis of current legislation in the field of disposal of rights to the results of intellectual activity, as well as the formulation of conclusions and proposals aimed at improving civil legislation in the specified field. It is noted that in recent years a lot of research has been carried out on contracts in the field of intellectual property law. However, many issues remain debatable and unsettled in the legislation of Ukraine.
 The essence and content of the contract regarding the transfer (assignment) of the exclusive (property) right to the software has been analyzed and determined as a set of essential conditions duly agreed upon by the parties to the contract. The essential conditions of the contract regarding the transfer (assignment) of the exclusive (property) right to a software in accordance with the Civil Code of Ukraine and the special copyright legislation of Ukraine have been formulated. It is noted that the essential conditions of the contract regarding the transfer (assignment) of the exclusive (property) right to the software are 1) the subject of the contract; 2) the amount of property rights to the software transferred under the contract; 3) characteristic features of a software that allow it to be identified as such; 4) the form of the contract; 5) the amount and method of payment (remuneration) under the contract, or an indication of the gratuitous nature of the contract and 6) other essential conditions defined by the legislation of Ukraine.
 It is established that the subject of the contract on the transfer (assignment) of the exclusive (property) right to the software is actions aimed at the transfer (assignment) of the exclusive (property) rights to the software in whole or in part, which must be specified in the contract. In fact, under this contract, property (exclusive) rights to the software are transferred from the subject of copyright to the acquirer. The difference between the subject and the object of the contract regarding the transfer (assignment) of the exclusive (property) right to the software has been determined. The characteristic features of a software that allow it to be identified as such have been separately defined. The forms of objective expression of the software have been analyzed. Such a feature of the contract on the transfer of property rights to a software as the term has also been indicated. This is because property copyrights have an expiry date. Therefore, when concluding this contract, the validity period of property rights must be taken into account. If the parties have not agreed on the term of validity of the contract, then the term of validity of the contract cannot exceed the maximum term of validity of copyrights for a software.
 It is noted that the moment of transfer of property rights is difficult to clearly define and is usually associated with a certain legal fact. It is suggested to consider two factors. First, when a software is registered, the validity of the contract must be linked to the date of its registration, i.e. the property right to the software passes to the acquirer at the time of state registration of the contract. However, when the program is not registered, the exclusive right to it passes from the right holder to the assignee at the time of concluding the contract, unless otherwise established by the contract or law.
 It is argued that it is necessary to further amend the legislation in the field of intellectual property in order to unify the terminology used in the regulation of relations related to the transfer of property rights to an object of intellectual property.

Misuse of State Property in The Form of State-Owned Houses

The management of class III state houses begins with the transfer of status of class II state houses to class III state houses, transfer of rights, lease purchase agreements, and transfer of property rights. This study aims to determine the process of managing class III state houses and the problem of misuse of state property in the form of class III state houses. This study uses a descriptive qualitative research method with a case study approach. Data collection techniques were carried out through interviews and documentation. The results showed that a lack of internal control could cause the problem of abuse of country houses. The solution to these problems is following up with applicable regulations and strengthening the internal control system. This research implies that it becomes the basis for compiling clear and detailed guidelines or guidelines on the management of class III state houses. These guidelines will assist the authorities in establishing rules that are more transparent, accountable, and efficient in managing these state houses.

Analysis Of The Authority of the Notary and Legal Security Towards the Transfer of Property Rights to Grant Land

In the process of transferring rights, both inheritance and grants, in field conditions there are always problems or obstacles that result in the process of suspending the transition. Based on this phenomenon, the aim of the research is to find out the authority of a notary regarding the ownership of grant land parcels and to find out the legal certainty of an authentic notary deed in the transfer of property rights. Over Land grants. This research is normative juridical research that is qualitative in nature. The type of data used is secondary data, in this study the data analysis used is qualitative analysis. The results of the research show that the transfer of grant rights must be stated in a deed made by a notary / PPAT who is given authority as a public official by law as an authentic deed maker. a grant deed made by a notary/PPAT has legal certainty because it has concrete legal force, with the existence of the deed, both the grantor and the recipient of the grant are protected by applicable law. UUJN makes an authentic deed, related to the transfer of grant rights where evidence of an object that has been donated must be proven by an authentic deed made, witnessed and signed by a notary/PPAT is a legal certainty for the parties giving and receiving grants

JURIDICAL REVIEW OF THE INHERITANCE RIGHTS OF ADOPTED CHILDREN IN THE PERSPECTIVE OF THE CIVIL CODE

This research examines the legal perspective of the inheritance rights of adopted children based on the Indonesian Civil Code. Inheritance is the transfer of property rights from a deceased person to living heirs, and in many cases, adopted children may be entitled to inherit from their adoptive parents. However, the status of adopted children in inheritance laws can be complex and raises various legal issues. The study explores the concept of adoption and its implications on the inheritance rights of adopted children. It analyzes relevant provisions of the Indonesian Civil Code and other related legal texts to understand the legal status of adopted children as heirs. The research also investigates the challenges and problems that may arise in determining the inheritance rights of adopted children, particularly when there are natural descendants or other adoptive children involved. By adopting a qualitative research approach, the study gathers data through legal document analysis and interviews with legal experts. The findings shed light on the legal intricacies surrounding the inheritance rights of adopted children and provide insights into the recognition and protection of their rights under the prevailing legal framework. The research contributes to the understanding of the legal complexities surrounding adoption and inheritance in Indonesia and highlights the importance of addressing these issues to ensure fair and just treatment of adopted children in matters of inheritance.

Sociological Analysis of Islamic Law Regarding Law Number 22 of 2009 Related to the Sale and Purchase of Vehicles Without Complete Documents

This article discusses the sociological analysis of Islamic law on buying and selling vehicles without the complete documents according to Article 68 paragraph 1 of law number 22 of 2009. In this discussion, the authors conducted research because many people buy vehicles without the complete STNK document, which is proof of registration and validation of a vehicle. motorized vehicles based on identity whose ownership has been registered. STNK is issued by SAMSAT, which is a place for issuing or validating services by 3 agencies: the National Police, the Provincial Revenue Service and PT. Raja Service. STNK is the starting point for legal ownership of a motorized vehicle. Therefore, according to the provisions above, what must be met in a used motorcycle transaction should be the same as the first party when buying the motorcycle in a new condition. The documents that must exist and are clear and can be handed over when vehicle transactions are STNK, BPKB and receipts. especially in rural areas where the majority of the population has jobs as oil palm farmers, for oil palm farmers vehicles or motorbikes play an important role in supporting work, especially in transporting crops, this is because the location of community plantations is mostly hilly, this makes people in plantation areas prefer to buy a vehicle without complete documents because it is only used to go to the garden and also the price is relatively cheaper than having to buy a vehicle that has complete documents. Judging from the problems above, there is a big risk lurking in the community because of buying a motorbike without complete documents. Even though not all motorcycles without complete documents are the result of a crime, however, as a buyer, you cannot be sure whether the motorcycle is the legal property of the seller, what if the motorbike is not the legal property of the seller, then what about the buying and selling process? interpreted by the transfer of property rights from the seller to the buyer, whereas in this case the seller cannot be ascertained as the legal owner of the goods being traded, but if we look at it from a fiqh point of view, of course, buying and selling like this is prohibited because one of the legal conditions for buying and selling is that the goods must belong to itself and also by law buying and selling like this is also prohibited because vehicles without the complete documents are considered fraudulent vehicles which of course can lead to criminal sanctions.

The right to remuneration of authors of the audiovisual work in accordance with the laws of the EU and Ukraine

The article is devoted to the study of the issues of the remuneration of authors for the use of an audiovisual work. It is substantiated that legal certainty and effective protection of authors' rights is an essential factor in the development of the audiovisual art. In this regard, the author studies the rules on protection of authors' rights in the context of ensuring their right to remuneration provided for in the laws of the EU Member States.The article provides a comparative analysis of the provisions of the laws of certain EU Member States which define who are the authors of an audiovisual work and who are entitled to receive the remuneration. It is established that there is no uniform approach to determining the list of authors of an audiovisual work in the laws of the EU Member States. It is clearly established that the author is the main director. Other persons who have made a creative contribution to the creation of an audiovisual work are defined in the laws at the discretion of the EU Member States. In most EU Member State laws, the authorsare recognized as: the screenwriter, the author of the music, specially created for use in the audiovisual work.In most laws, there is a presumption that the authors transfer their property rights to the producer, unless otherwise provided in the agreement. In cases determined by law, regardless of the transfer of property rights, authors have the inalienable right to receive the remuneration for the use of a work in certain ways. It is established that the laws of the EU Member States provide for the right to the equitable remuneration for reproduction for personal use (private copying), cable retransmission, and rental of copies. Other ways to use for which authors should be remunerated are established by the law at thediscretion of the country.The article provides examples from the copyright laws of Italy, Poland, Estonia, Spain, Switzerland, and the Netherlands. These examples prove that each country establishes, at its own discretion, the right to equitable the remuneration of authors for certain uses.The author concludes that ensuring the right to equitable the remuneration for authors is and remains an urgent issue for EU Member States.The article analyzes the provisions of the Law of Ukraine of Copyright and and Related Rights regarding the rights of authors to the remuneration for the use of an audiovisual work. Сonclusions and suggestions are made.

Dualisme Sistem Pewarisan Menurut Hukum Perdata dan Hukum Adat Muko-Muko

Abstract: The purpose of this study is to answer the problem of the Dualism of the Inheritance System According to Civil Law and Mukomuko Customary Law. This research uses an empirical approach that aims to understand that the law is not solely a set of laws and regulations. Based on the results of research and discussion on the division of patrilinial inheritance, the author can conclude as follows: The people of mukomuko district still use the customary law system in the division of inheritance law so that the lack of knowledge of the community about civil law and society in general therefore the community is only guided by the family way related to the transfer of inheritance rights. The inheritance system according to civil law and customary law mukomuko Transfer of inheritance rights regarding the skills and acting authority of those who will transfer and accept the transfer of rights to the Inheritance. The obstacles that occur in the implementation of the transfer of property rights due to inheritance are caused by the community being reluctant to use the national legal system, namely civil law.

Менеджмент трансакційних витрат підприємств

The essence and role of transaction costs are analyzed; it is shown that their share in enterprises is significant. Transaction costs, in particular, are defined as costs in the field of exchange related to acts of sale, transfer of property rights, emphasizing that they are not directly related to the production process of enterprises, but to organizational issues of their activities. Modern business conditions lead to an increase of transaction costs, associated with an expansion of the range of counterparties, a continuous increase in information flows, specific costs depending on ownership factors, etc. Trends in growth of such costs at domestic enterprises were identified and reasons for their high level were given. Classification of transaction costs of enterprises is presented. Key factors that complicate the control and minimization of transaction costs are highlighted. Examples of hidden transaction costs are given. Relationship between such costs and the value creation chain of enterprises is described, and it is shown that not all groups of transaction costs are related to the stages of product creation. Examples of impact of these costs on a production process are presented. In general, increase in the scale of enterprises' activities due to the addition of related industries to their composition can lead to a decrease in transaction costs. On the other hand, due to the increase in a size of the enterprise and the complexity of its structure, the costs of its general management are increasing. The optimal size of the enterprise can be reached when the savings from the reduction of transaction costs associated with the growth of the enterprise will become equal to the additional costs of managing it. It is shown that application of the proposed measures will ensure reduction of transaction costs and will positively affect the level of expenses of enterprises in general and contribute to the growth of the efficiency of their activities.

The Transfer of Intellectual Property Rights as Object of Fiduciary Guarantee

The transfer in Intellectual Property Rights (IPR) "can be transferred or transferred" only economic rights. The transfer must be made clearly and in writing either with or without a notarial deed so that the transfer must be based on an agreement. This study aims to examine and analyze the transfer of intellectual property rights in the property law system, and to analyze the transfer of intellectual property rights as objects of fiduciary guarantees. The approach in this study is to use a socio-legal approach. This type of research is a qualitative research. The types of data used are primary and secondary data. Techniques for collecting data, through literature and field studies. Data collection through field studies is through observation and interviews. Observation is research that is conducted directly on the object under study by conducting interviews with research resource persons. The data analysis used is qualitatively inductive. The results of the study found that intellectual property rights as object law in Article 499 and Article 507 of the Civil Code so that intellectual property rights are transferred as objects of fiduciary guarantees through agreements, in accordance with the main agreement. Furthermore, the transfer of IPR as a fiduciary guarantee, of course, underlies the transfer of property rights in accordance with the provisions of the Civil Code, the law on intellectual property rights and the law on fiduciary guarantees, which have been stated in the agreement clause authentically.

Analysis of the Wa’d Ijarah Muntahiyah Bi al-Tamlik (IMBT) Contract From the Perspective of Islamic Law and Indonesian Civil Law

Akad Ijarah Muntahiyah Bi al-Tamlik (IMBT) is a lease agreement that ends with the transfer of property rights by way of sale and purchase or grants at the end of the lease period. The ijarah contract and the sale and purchase contract are connected with a promise. Based on the DSN-MUI fatwa number: 27/DSN-MUI/III/2002 concerning IMBT, the promise (wa'ad) is non-binding, thus causing legal uncertainty for LKS and customers. Then the DSN-MUI issued a fatwa number: 85/DSN-MUI/XII/2012. Then the promise (wa'ad) in the IMBT contract became binding (mulzim). Of course, this has an impact on the occurrence of ta'alluq risk and has the potential to meet conditional buying and selling. This research uses normative juridical methods with a statutory and conceptual approach. The results of the analysis show that the legal status of fulfilling promises (wa'ad) in every Sharia transaction and business is binding (mulzim) and has caused many benefits for the Islamic economic community, such as legal certainty and guaranteed contract continuity, especially in the IMBT contract. Viewed from the point of view of Indonesian Civil Law, IMBT contracts or contracts are included in non-named agreements. This is contained in Article 1319, which arises from the principle of freedom of contract (Article 1338), and IMBT contracts also meet the requirements of valid agreements as contained in Article 1320 of the Civil Code and the legal consequences caused by IMBT contracts, namely rights and obligations.

Analysis of real estate market in United Kingdom

Abstract Most people make very few real estate transactions on life transactions, and these, in addition to the fact that the most important financial transaction in which they are involved, also have a high degree of complexity from a legal and financial point of view. This finding is valid in all countries with market-based economic systems, regardless of their degree of development. The three elements that are common to real estate transactions in these states are: meeting demand with supply, transfer of property rights, and mortgage financing. Over time, each of these elements has been in the attention of the world’s competition authorities in general and the Competition Council in particular. Activity in the UK real estate market has always been at European economic events, and its action is very important, manifesting itself both as an international trigger - a conclusive example would be the “subprime” residential crisis in the United States. and an important transmission mechanism to the real economy, which affects the transactions carried out, influencing mortgages, etc. or the effective application of competition rules. However, these measures require the construction of a consistent argument that address both the causes of these anti - competitive restrictions and their effects on consumers. It is also necessary to quantify the possible effects that they can have reforms in this area, as well as a comparison of the results obtained with empirical evidence from the states in which these reforms were undertaken.

Digital payments system and market disruption

ABSTRACT The traditional banking functions of lending, deposit-taking and payment intermediation are being unbundled in the new frontiers of money that extend from virtual currencies to crypto-assets and from shadow payments to quasi-money. The possibility for digital-centred change in the financial industry is illustrated by distributed ledger technology, of which ‘blockchain’ is the most prominent example of automated decision-making. Other forms of decentralised supply of money, payment services, and funding processes may allow households and businesses to obtain loans and pool risks without having recourse to financial intermediaries. This article examines the alternative provision of access to low-cost zero-friction payments from the perspective of the underbanked. Promoting innovation through alternatives to credit means integrating vulnerable and excluded customers into mainstream financial systems. Blockchain technology backed by a possible modification of the law on the recognition and transfer of property rights might prove instrumental in unlocking the value of the assets possessed by the underbanked or even the unbanked.

Pandangan Hukum Islam Terhadap Ganti Rugi dalam Pengadaan Tanah yang Dipergunakan untuk Kepentingan Umum

This article examines the view of Islamic law on compensation in land acquisition for the public interest. This research was conducted to find out how Islamic law views compensation in land acquisition for the public interest. The method used is literature research method with a normative juridical approach, namely by examining Islamic law related to the theme and examining various literatures that have a relationship with the theme under study. Compensation in land acquisition is an important thing because usually other parties will force their will to continue to carry out land acquisition even though the land authority does not agree with it on the grounds that the compensation is not equal to the value of the land and sometimes there is no agreement between the parties concerned and the matter it will create a loss problem. The result of this study based on the Qur’an, the prophet’s message and the MUI fatwa are that the view of Islamic law on compensation in land acquisition for the public interest is permissible on the condition that it is in accordance with Islamic law by way of deliberation and determining an appropriate and reasonable price. After an agreement is made, then the transfer of property rights, this transfer is through the process of buying and selling, waqf, and exchange.

ANALISIS AKAD IJARAH MUNTAHIAH BI AT TAMLIK DALAM PRAKTIK PERBANKAN SYARIAH

IMBT is a form of multi-contract product. At the beginning of the contract agreement used by both parties is an ijarah agreement so that there is a transfer of the right to use the benefits from the lessor (Mu'jir/muajir) to the lessee (Musta'jir) accompanied by the transfer of property rights from mu'jir to muajir on the basis of promise. The ijrah contract with ownership at the end is a contract that has been recognized by the Indonesian Ulema Council through the DSN. In Islamic banking, the application of ijarah and IMBT products, the bank works as an investor/provider of funds and promises. This paper aims to find out how IMBT is in Islamic Banking. This study uses a type of library research (library research). Data collection techniques were carried out by means of documentation studies and triangulation. The data analysis technique was carried out by content analysis using a qualitative study with a conceptual realm. The results of the study show that if there is a dispute between the parties, the settlement guideline is an "Unnamed" agreement whose form and submission is based on the agreement of the parties based on article 1338 (1) of the Civil Code; All agreements legally made apply as law to those made.

Майнове оподаткування: контекст фіскальної децентралізації в Україні

Fiscal decentralization has strengthened the capacity of governments to finance and provide public goods and services. Fulfillment of local government functions helps to balance the consumers’ individual preferences according to their needs. In Ukraine, each local authority should be entrusted with the management of the lands of relevant community in compliance with the principle of ubiquity as well as with the right to collect land tax. Local taxes on real estate and transport, typical for countries with capable local self-government, have also been introduced. Global challenges, international obligations, insufficient effectiveness of modern budgetary instruments of anti-crisis regulation make the improvement of property taxation necessary. Given new economic realities and the best world practice, it is necessary to reconsider the use of tools to support and stimulate regional development. The diversity of sources of payment and objects of taxation is one of essential problems in the collection of property tax. Its solution is the differentiated application of benefits, rates, deferrals, installments or to objects of taxation (according to the degree of participation of a property in the production process), or to entities (depending on their investment, social, environmental activity in the context of sustainable development). Such approaches are extremely important given the current trends of urbanization - their application will give the property tax an opportunity to perform the function of stimulating better use of funds and distribution of net income of enterprises and households in favor of budget revenues. Property taxes are progressive for those who have low incomes and can receive discounts when paying them. The spread of this approach during the post-crisis recovery of the national economy should be facilitated by the best practices of local authorities focused on the tax potential of SMBs. The main advantage of property taxes is a high degree of stability of the tax base. Further improvement of real estate taxation in Ukraine should focus on the prospects of its use in order to form stable sources of budget revenues and de-shadowing of property relations through the establishment of property owners. However, the risks of a low level of production incentives, as well as the understatement of the tax base through the transfer of property rights, still needs considering coordinated tax regimes for legal entities and individuals.

Problems of Transfering Property Rights and Ways to Solve Them

The analysis of modern law enforcement practice on the issues of determining the legal nature of property rights and the possibility of their transfer shows that the activity of the judiciary does not contribute to the effective development of civil turnover. The purpose of the research is to identify the legal nature of the transfer of property rights and the applicability of this legal category to various objects of civil rights. Based on the analysis of the transfer of things and property rights, the idea is proved that the transfer of a thing is a legal fact while the transfer of a right is not such a fact. In this regard, the necessity of linking the transfer of the right with some independent legal fact is justified. The attention is focused on various legal ways of things and property rights and on the inadmissibility of the extension of the norms of property law to property rights. The principles of separation and abstraction characteristic of the laws of the German legal family, as well as the possibility of their application in Russian civil law, are investigated. The conclusions that the division of transactions in accordance with the principle of separation into mandatory and administrative is impractical and does not meet the needs of civil turnover in Russia are drawn. The provision on the consideration of the administrative transaction as a legal fiction is substantiated. The idea that only one binding transaction is needed for the turnover of property rights is defended. A way to strengthen civil turnover by introducing mandatory notarization of transactions with property rights is suggested.