Qualification of the Developer's Right to the Realty Built by Him Using the Sociological Type of Legal Understanding
Abstract
This paper is focused on legal relationship arising between new real estate and its developer from the actual real estate construction to state registration of rights. Analyzing the legal content of the developer’s right to the new realty, and identifying its inherent characteristics and unique features, the author comes to the conclusion that such a right should be qualified as a property right. This right arises irrespective of the act of state registration of rights and coincides with the appearance moment of the realty as a separate object of civil rights. In the analysis of the developer's right, the author uses the sociological method of legal understanding, which allows to reveal objectively existing features of social relations and ensure their legal qualification. The novelty of this study is in the fact that the legal relationship arising between developer and real estate before state registration of rights was not subjected to detailed research. The author revealed that from the creation moment of realty and to registration the developer in relation to the object has the right containing proprietary nature; fixing the absolute control over the object; endowed with powers of possession, use and disposal; complete discretion, means of protection of rights, risk of property loss and the burden of its maintaining.
For citations:
Polezhaev O.A. Qualification of the Developer's Right to the Realty Built by Him Using the Sociological Type of Legal Understanding. ECONOMICS. LAW. SOCIETY. 2017;(4):15-24. (In Russ.)
Views:
283
Email this article 