The Role of Possession in the Transfer of Title of Immovable Property

Abstract Thesis work on the topic "The role of possession in the transfer of title of immovable property". Author: Lashina Elena Aleksandrovna, 4th year student of the group 172 Private Law. The volume of the thesis work is 61 pages. When writing this work, 88 sources were used. The object of the thesis is the legal structure of the transfer of title of real estate. The subject of the thesis is the tradition of real estate. The thesis consists of three chapters, seven paragraphs, an introduction and a conclusion. The first chapter is devoted to the study of the nature of the tradition. For the purposes of this chapter, possession is considered as the actual mastery of a thing. In particular, with regard to the possession of real estate, the criterion of access to real estate and the ability to determine the conditions and mode of access of third parties to it is proposed. The tradition is also analyzed as a type of dispositive transaction and alternatively as an action to transfer a thing. As a result, the author comes to the conclusion that the tradition is the actual actions that are performed in compliance with the contract of obligations between the parties. The next chapter begins with an analysis of the basic principles of state registration of the transfer of title of real estate, which reveals the imperfections of the Russian registration system. In the second part of this chapter, the author defines the role of the tradition and comes to the conclusion that, as a general rule, to ensure the stability of the turnover of real estate, the tradition is a necessary element of the construction of the transfer of title of real estate. In the third chapter, the author examines the problematic situations that explain the need for the tradition before the state registration of the transfer of title. Thus, the problems of double sale and the reliability of the register, as well as the real-legal effect that the tradition entails, were investigated.