Year: 2024
Type: article
Abstract: Introduction. The Russian lawmakers do not endow immovable property of family members with independent features of objectness, however, in family relations the realisation of rights to such property has a certain specificity, which is evident in the peculiarities of its purchasing and saling, realisation of the rights of the owner, as well as of the persons residing with him, restrictions of rights, protection measures, and the procedure for termination of rights. The purpose of the article is to develop theoretical provisions regarding the legal status of immovable property of family members, as well as practical recommendations aimed at further improvement of the current legislation. Methods. The research is based on the integrated use of dialectical method, which made it possible to reveal the peculiarities of the legal status of immovable property of family members, due to the identified specificity of the object and subject composition of relations, as well as the systematic approach, through which the legal status of immovable property of family members was analysed as a complex legal phenomenon, representing a set of legal means. Results. The legal status of immovable property of family members requires a systematic approach in ensuring the property interests of family members as a civil-law community, as well as public interests aimed at protecting the family, protecting the interests of particular family members unable to meet their own housing needs, and includes a set of legal means on the basis of which it is possible to own, use and dispose of a particular real property object.
Author: Ekaterina Semenova
Language: English
Topic: Family and Matrimonial Law
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: bronze
OpenAlex ID: W4405802618