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The Agreement of Purchase and Sale of Land with a Piece of Immovable Property

Student: Korolkova Mariya

Supervisor: Inna Peshina

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2016

The aim of this paper is to examine the legal nature of the contract of purchase and sale of land with a piece of immovable property, peculiarities of its conclusion in accordance with the Russian legislation. The main objectives of the paper are: a) to define the term “land and other immovable property located on it”; b) to consider such objects of real estate in accordance with the principle of "unity of destiny"; c) to study the legal nature of the contract of purchase and sale of land with a piece of immovable property, its legal regulation; d) to analyze the role of the state cadastral registration of land and other objects of real estate in cases of conclusion of the contract; e) to consider the peculiarities of conclusion of the contract; f) to examine the institution of state registration of the transfer of the real estate ownership. Following conclusions are formulated in the paper: firstly, a separate legal regime of land and other immovable property located on depends on the historical background of the country's legal system. Secondly, the implementation of the concept of a "single object", according to which the land and the building are involved in the civil turnover as one object, is a rational decision. Thirdly, if one of the essential terms of the contract is missing, the principle of estoppel allows to protect the party that has already started to execute the contract. Fourthly, this contract is not a subject to the state registration, however, there is an obligatory state registration of the transfer of the real estate ownership. Fifthly, the need to improve the legislation in the field of legal regulation of the purchase and sale of real estate is emphasized.

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