Problems of Legal Regulation of the Appearence of Ownership of the New Thing (Paragraph 1 of Article 218 of the Civil Code of the Russian Federation)

The article examines the actual problem of legal regulation of the occurrence of ownership of the new thing (paragraph 1 of Art. 218 of the Civil Code of the Russian Federation). The focus is on the characteristics of one of the two mandatory conditions of the occurrence of ownership of the new thin...

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Bibliographic Details
Main Author: A. A. Merkureva
Format: Article
Language:English
Published: North-West Institute of Management, Branch of Russian Presidential Academy of National Economy and Public Administration (RANEPA) 2021-06-01
Series:Теоретическая и прикладная юриспруденция
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Online Access:https://www.taljournal.ru/jour/article/view/109
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Summary:The article examines the actual problem of legal regulation of the occurrence of ownership of the new thing (paragraph 1 of Art. 218 of the Civil Code of the Russian Federation). The focus is on the characteristics of one of the two mandatory conditions of the occurrence of ownership of the new thing — the creation of a thing “for yourself”, which today is the subject of discussions in the scientifi c environment. The study is conducted through the analysis of the application of this condition to acquire ownership of movable and immovable property. In addition, attention is drawn to the controversial issues of the doctrinal and judicial interpretation of the occurrence of ownership of the new thing, ways to improve legislation in this area are offered.
ISSN:3034-2813