Double Sale of Real Estate in Russian Law

The aim of this work is to research the problem of double sale of the property in Russia and propose possible solutions to the issue. Double sale of real estate arises when the seller has concluded several sales contracts in relation to the exact thing. Further, it is necessary to resolve the competition between buyers and decide which of them will become the owner of the thing. Initially, in present work identifies the reasons for the emergence of double sale of real estate in Russia, shows the analysis of the current formal and legal solution of double sale, current judicial practice and doctrine on this issue. The main reasons of double sale in Russia are the uncertainty of the status of the possessor before the registration of the ownership and the lack of mechanisms, that protect the interests of future owners and notify third parties about buyer, who awaits the registration. Thus, the current legal situation indicates the lack of existing legal regulation and the necessity to expand the rights of «future owners». Therefore, in the Russian legislation, it is necessary to provide for new legal mechanisms that will guarantee to the buyer the possibility to acquire the proposed immovable property in future. In order to identify suitable mechanisms for protecting the buyers’ interests, the comparative legal analysis of the norms of German legislation and judicial practice was conducted. The current turnover of real estate needs a new limited property right, which would burden the thing and give the buyer an advantage in obtaining ownership in case of alienation to a third party. Such proprietary right was proposed in the Concept of Civil Law development called «The right to acquire another's immovable property».