地块与强关联物命运统一原则

S. Likholetova
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引用次数: 0

摘要

分别分析了地块与强关联对象命运统一的原则。在土地和法律领域,这一原则的内容需要考虑到土地地块的法律制度,其涉及的土地类别之一。在授予国家或市政所有的土地以及在地球上区分国家所有权时,也需要考虑考虑的原则。该原则的内容可以从两个角度来考虑:一是产权对已属一人的地块和不动产的转移;其次,房地产客体的权利是在已经产生的土地产权上产生的,反之亦然。对土地及其上的不动产的法律制度的规定是统一原则的另一个方面。本文的结论是基于对一种土地许可使用类型和不动产客体法律制度的规定进行核算的必要性。考虑到在地球表面以下建造设施,提出了实现所考虑的原则的问题。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Principle of unity of fate of the land plots and strongly related objects
Analyzed separate aspects of the principle of unity of fate of the land plots and strongly related objects. In the land and legal sphere this principle the content of this principle needs to be considered taking into account a legal regime of the land plot, its refer-ence to one of categories of lands. The considered principle needs to be considered also when granting the land plots which are in the state or municipal ownership and also at differentiation of state ownership on the earth. Content of the principle is offered to be considered from two positions: first, transition of the property right to the land plot and real estate objects if they already belong to one person; secondly, emergence of the right for a real estate object at already arisen property right to the land plot and vice versa. Regulation of a legal regime of the land plots and the real estate objects which are on them acts as one more aspect of the principle of unity. The conclusion is drawn on need of accounting of the provisions regulating establishment of a type of the allowed use of the land plot and a legal regime of real estate objects. The question of the problems of realiza-tion of the considered principle taking into account construction of facilities which are under the Earth's surface is raised.
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