по-моему, теперь то, что надо!
It is obvious that living accommodations can be called one of the most important object of civil rights. And there is purpose in declaration this right in Constitution of the Russian Federation on the 12th of December, 1993. It says in article 40, part 1: «Everyone shall have the right to a home. No one may be arbitrarily deprived of a home». The right is guaranteed by the Constitution and provided by the state and its organs of power and government. All legal transactions with living accommodations submit to this statute so long as they (transactions) lead to the purchase and loss of rights to a dwelling. Especially, in my opinion, this statute relates to the contracts of purchase and sale of living accommodations. In fact, this is the basic transaction for the purchase and loss of the rights to living accommodations which results in the change of the proprietor of real estate. The important aspect is that in the civil circulation of living accommodations, the rights the people, other than the proprietor and the counterpart in the contract, are being touched. And the rights of those people must be observed during the transaction of the contract.
Deals for the sale of dwellings are topical at all times. Because citizens recently gained the ability to acquire the right of private property for living accommodations, this has intensified the interest to the contract I observe. Since then interest in the purchase and sale of living accommodations grows steadily. It is very hard to argue that transactions for living accommodations create much interest for dwelling proprietors and people who are going to purchase a personal dwelling. The interest of the second group is obvious: owning a dwelling is one of the necessary conditions of a person’s normal existence, and if one owns his own property then, besides being sure in stability of his rights and confident in provision with dwelling not only himself but his heirs, proprietor have a great advantage in the limits of civil circulation. The proprietor is free to do whatever he wants with his property as long as he doesn’t exceed the fixed limits of law. Residential property can be sold, gifted, rented – in other words, any deal is allowed as long as it is not contradictory to the law. The interest of the proprietor to these kind of deals is also rather obvious: living accommodations are rather expensive and when someone is going to sell it or transact another deal someone could increase his financial condition significantly.
With the transition to a market economy the meaning of the purchase and sale of the living accommodations contract has increased seriously. So, the citizens are finally allowed to acquire the right of private property for unlimited number of living accommodations of all kinds. And that is a vital, maybe even a revolutionary, step. As we all know, during a long period of Russian history the definition of private property was not only denied by the legislators in an aggressive way but also the citizens were strongly limited in their rights to own and order the residential real estate they live in.
Not so long ago the relations of purchase and sale of living accommodations were in a sorry plight, being oppressed by a total control and regulation by the Government. According to the Civil code of RSFSR from 1964, citizens could possess only one dwelling house (or a part of a dwelling house) by the right of personal ownership. In case the citizen or jointly living spouses and their miner children acquired the right of ownership to another house on legal grounds, the law directed to sell one of their houses. The Civil code from 1964 did not include flats in apartment houses in the number of objects of personal ownership, so legal transactions concerning flats were not allowed.
Now, when the number of residential property owners grows, the real estate market is being actively developed, the quantity of its participants is being increased, and the demand for dwelling grows. The necessity of proper and effective legal regulation of this legal relations grows accordingly. And modern legislation tries not to lag behind the reality and provide the needs of the citizens, who have faced legal relations on residential real estate market.
So, as it must be understandable now from the foregoing text, living accommodations are a unique and ambiguous object of civil rights. And the transactions with it not only have commercial value but also social value. So the meaning of the contract of purchase and sale of living accommodations is difficult to overestimate.
конечно, нет предела совершенству, но ......
как по-вашему?



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