defining the legal nature of reservation and servitude on land

In the given article the author raises the problem of definition of the legal nature of agreements on reservation and servitude. Having come to a conclusion on insufficiency of certificates of public authorities for relations of reservation and servitude and necessities of the conclusion of bilateral agreements, the author focuses attention on the problem of their civil-law nature. In the article the concept of reservation of lands for the state and municipal needs in the aspect of its reflection in Article 70.1 of the Land Code of the Russian Federation is considered. At reservation there is a fact of transfer of the right. The author states a position to qualify these relations of reservation as civil law ones and to fix the corresponding norms in the Civil Code of the Russian Federation. The author offers to introduce a new concept reservation of land areas alongside with the existing reservation of lands legislatively. Also the author proves the possibility to apply the contract of free use (loan) to relations of reservation of land areas. Characterising private servitude, the author suggests fixing the norm of an obligatory signing of a servitude contract in the Civil Code. The given necessity is provided by the Law On state registration of rights to real estate and transactions with it. It is caused by a severe need of the relations, which have developed in practice on use of land areas. In spite of the fact that servitude in Article 216 of the Civil Code of the Russian Federation is provided among the real rights, the agreement on establishing servitude possesses a number of signs, which characterise it as a transaction. The author considers that the norms of the Civil Code of the Russian Federation should have a statement on gratuitousness of the given contract, as the payment for use of the burdened land area is only indemnification, caused by such use. In case of absence of losses the proprietor of a site has no the right to demand such payment. The given conclusion, according to the author, also should find reflection in the Civil Code of the Russian Federation. The author comes to a conclusion that effective standards on reservation and servitude insufficiently regulate the considered relations that causes a severe need in legislative fixations of norms on corresponding agreements in the RF Civil Code.

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