Year of Graduation
A Right to Build upon Another's Land
Today, at the age of technology, real rights are still of crucial importance in the civil circulation. The traditional category of the pandect system appears to be playing a major role in the future. However, modern Russian legislation in the area of real rights is often subjected to justified criticism not only from scientists, but also from practitioners. The concept of amending the Russian Civil Code has been developed to address the issues related to the real rights. On the basis of this concept the draft law on the reform of the section of the Code on real rights was proposed. It is proposed to introduce a new institution - a building leasehold. The work examines the nature of the building leasehold, highlights the history of its existence in Russian legislation. The building leasehold is interesting because it allows the non-proprietor of a land plot to construct a building on such a site, providing the advantages, which well-familiar to Russian business rent agreement does not give. The object of this research - the public relations arising in connection with the building upon another’s land. The subject of research is the current legislation, scientific works on the building upon another’s land as well as judicial practice. It seems that the building leasehold could be convenient for persons as well as large construction business which is not able to acquire a land plot and erect a building on it. The work examines the nature of the building leasehold, reviews some foreign legislation, where the institution exists, attempts to prove the necessity and validity of the incorporation the building leasehold in the Civil Code. The analysis of the provisions of the current legislation which regulates relations on the building leasehold is given in the current work. The author of this work is trying to solve some problems associated with the introduction of the right to build upon another’s land in Russian legislation.