On sale of lands not belonging to the seller by property right: problems of legal regulation

In the given article the author raises the problem of sale of groundareas not belonging to the seller by property right. Having come to a conclusion about insufficiency of legal regulation of relations ofpurchase and sale of ground areas when the owner acts as a seller, the author draws attention to the question of necessity of legal regulationof the given relations. This point in question arises in connection with the presence in civil legislation of norms on sale of the rightof rent of ground area and absence of norms on sale of other property right. In the article the concept of re-registering of the right andright transition in the aspect of refusal of the owner from the right of constant (termless) use and occurrence of property right is considered. The law does not provide an opportunity to sell ground areas under the right of constant termless use, and the owner can choose tore-register the granted right by a unilateral transaction as the property right. It is offered to enter legislatively the concept of "right reregistering"and the order of its state registration. As civil legislation does not provide an opportunity for selling ground areas belongingto people by the right of lifelong inherited possession, gratuitous (urgent) use, and areas whose proprietors enjoy easement, the authorcomes to a conclusion that by working out of the norms of a new Civil code concerning purchase and sale of land, the legislator shouldtake a uniform way of interdiction of ground areas disposal for owners on other than the property right. The given circumstance willpromote prompt re-registration of the specified rights to the property right, new landowners in the country and, as a consequence, solicitousattitude to ground areas and preservation of their special-purpose designation. Still, it is necessary to exclude the contract of purchaseand sale of the right of rent we considered above from the group of the given contracts on ground areas, as in this case the contractsubject is an independent property right, not land. The landowner does not change, only the user. Therefore, the given contract will be anexception of the general rules of purchase and sale of land. The given conclusion, according to the author, also should find reflection inthe Civil Code of the Russian Federation.

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