ON THE IMPACT OF THE REGISTRATION SYSTEM OF THE REAL ESTATE TURNOVER

Abstract

Certainty of title transfer under the real estate transactions together with the public disclosure of the register of titles on the real estates is declared in the Civil Code of Russia to be a fundamental principle underlying the register of titles under Russian law. But in fact, the public credibility of the registration record is lacking because it is mixed unknowingly by the Russian legislator with the principle of the protection of the bona fide acquirer, which is applied to moveable things. This misunderstanding resulted in a lot of real estate lawsuits, which are almost impossible in Germany. Some other German legal institutions which support the certainty of title, such as the objection to the record in the register and the registration of the priority notice are not borrowed by the Russian legislator in their proper form. All this leads to the credibility gap regarding the data of the register despite the Russian registration system looks like similar to that of Germany.