Concept of Immovable Property

The purpose of this graduation thesis is the study and synthesis of approaches to the definition of the concept of immovable property in the domestic and foreign legal systems, the study of theoretical and practical problems associated with the concept of immovable property. The main objectives of the graduation thesis are: a) comparative legal analysis of the concepts of immovable property and related institutions in the Roman, French, German and Russian law; b) identification of problems of delimitation of immovables by Russian law; c) analysis of the ways suggested by the legal community of the principle of "unity of destiny of land and facilities located on them". This graduation thesis consists of an introduction, three chapters, five sections, conclusion and list of references. Chapter I deals with the concept of property in terms of Roman, German and French law, ways of implementing the principle of superficies solo cedit principle. Chapter II is devoted to analysis of Russian pre-revolutionary law on immovable property. Chapter III focuses on the current state of the concept of immovable property in the Russian Federation legislation. Based on the analysis the following conclusions: First, the concept of immovable property in the current European legislation is based on the approach developed by Roman jurisprudence; secondly, pre-revolutionary Russian legislation is also based on the Roman legal views on the definition of immovable property, but the connection was broken in 1917; Third, the current legislation of Russia on the immovable property is based on an unconventional approach that implies the separation of legal fate of the land and buildings, connected with it; Fourth, the actual court practice and the legislation are on the path of returning to the European continental tradition the definition of immovable property.