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)

Abstract

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.

Keywords

• the emergence of ownership
• ownership of a new thing
• creating a thing for themselves
• real estate
• creating a real estate object
• acquisition
• state registration