Peculiarities and problems of legal regulation of division of objects of civil law into movable and immovable things

The article discusses the features of the legal regulation of the differentiation of objects of civil law for movable and immovable things. The main differences in the legal status of movable and immovable property are described, as well as the legal consequences of these differences. The article also analyzes in detail the problems of legal regulation of the differentiation of objects of civil law for movable and immovable things, including issues related to the determination of the value of property, its protection, transfer of ownership and liability for damage, as well as a comparative legal analysis of the status of movable and immovable property in the legislation of the Russian Federation and the PRC. Thus, the article is of Interest to lawyers, specialists In the field of civil law, as well as to anyone Interested In the legal regulation of property relations.

Research objectives: to determine the main criteria for the differentiation of movable and immovable property; to analyze the legal concept and the physical concept of the differentiation of things, to identify their advantages and disadvantages; to explore ways of legal regulation of movable and immovable property; to determine the practical significance of the differentiation of movable and immovable property for subjects of civil turnover.

Methods: dialectical, formal-logical and other general scientific research methods; special legal methods: formal-legal, comparative-legal.

Findings: the article considered important problems and features of the legal regulation of the differentiation of movable and immovable property in modern civil law. The absence of a single criterion for the classification of real estate, which has no drawbacks, leads to a wide range of scientific discussions in this area and the emergence of controversial situations. The authors came to the conclusion that real estate by nature is characterized by special physical properties, namely the presence of a relatively strong connection with the earth, which does not imply movement in space during operation. Also, some material objects, due to their characteristics, economic and social, require the consolidation of the legal status of real estate to ensure their proper operation and legal protection.

1. Alekseev V.A. [Grounds for the emergence of rights to the newly created object and the state registration of rights to real estate]. Zakony Rossii: opyt, analiz, praktika = Laws of Russia: experience, analysis, practice. 2008;(4):101–104. (In Russ.)]

2. Barinova A.G. [The concept and types of immovable property]. Mariiskii yuridicheskii vestnik = Mari Legal Bulletin. 2016;(18):110–112. (In Russ.)]

3. Vasil'ev G.S. [Movables]. Ob"ekty grazhdanskogo oborota: sbornik statei. Ser. «Analiz sovremennogo prava» = Objects of civil turnover: collection of articles. Ser. "Analysis of modern law". Moscow: Publishing House: LLC "Publishing House "STATUTE"; 2007. (In Russ.)]

4. Vitryanskii V.V. [The concept of development of civil legislation on immovable property]. Under the general ed.: Vitryansky V.V., Kozyr O.M., Makovskaya A.A. M.: Statute; 2004. (In Russ.)]

5. Egorov N.D. [Problems of differentiation of movable and immovable things in civil law]. Vestnik Vysshego arbitrazhnogo suda Rossiiskoi Federatsii = Bulletin of the Supreme Arbitration Court of the Russian Federation. 2012;(7):4–29. (In Russ.)]

6. Kozyr' O.M. [Real estate in the new Russian Civil Code]. Grazhdanskii kodeks Rossii. Problemy. Teoriya. Praktika: Sbornik statei pamyati S.A. Khokhlova = The Civil Code of Russia. Problems. Theory. Practice: Collection of articles in memory of S.A. Khokhlov. Moscow: International Publishing House the center of finance and economy. Development; 1998. (In Russ.)]

7. Mustafina Z.K. [On the objects of immovable property and some types of immovable property]. Mariiskii yuridicheskii vestnik = Mari Legal Bulletin. 2012;(9):225–232. (In Russ.)]

8. Potapenko N.S. [Ways of protecting the right of ownership of an immovable thing]. Rossiiskaya yustitsiya = Russian justice. 2010;(5):14–18. (In Russ.)]

9. Ruban M.V. [To the question of a single object of real estate]. Kubanskoe agentstvo sudebnoi informatsii Pro-Sud-123.ru: Yuridicheskii setevoi ehlektronnyi nauchnyi zhurnal = Kuban Judicial Information Agency Pro-Sud-123.ru: Legal online electronic scientific Journal. 2022;(1(13)). (In Russ.)]

10. Sobenina M.A. [Seagoing ships and inland waterway vessels in the system of objects of civil rights]. Transportnoe delo Rossii = Transport business of Russia. 2012;(6–2):244–246. (In Russ.)]

11. Stepanov S.A. [Immovable property in civil law]. М., 2004. (In Russ.)]