Lease ofresidential and non-residential premises
Problems of legal regulation
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To date, civil doctrine has not developed firm and unambiguous criteria for classifying certain objects as immovable property. In fact, we are talking about the fact that taking into account the significance of the object, the state specifically declares it as such (immovable property) and introduces it into circulation with a special regime that provides increased strength of relations. In the author's opinion, it is necessary to apply a set of various criteria (close connection with the land, functional independence, completeness for its intended use, fundamentality, long term of use, consid...
To date, civil doctrine has not developed firm and unambiguous criteria for classifying certain objects as immovable property. In fact, we are talking about the fact that taking into account the significance of the object, the state specifically declares it as such (immovable property) and introduces it into circulation with a special regime that provides increased strength of relations. In the author's opinion, it is necessary to apply a set of various criteria (close connection with the land, functional independence, completeness for its intended use, fundamentality, long term of use, considerable value, individuality). At the same time, their application is possible only with the indication of the law on the extension of the legal regime of real estate to a particular object.Among scientists there is no consensus on the issue of compliance of non-residential premises, and especially their parts, with the signs of real estate listed in the Civil Code of the Russian Federation. Within the framework of legislative reforms it would be necessary to revise the content of article 130 of the Civil Code of the Russian Federation, specifying not only the list, but also the qualification criteria for classifying property as immovable.
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