Revisions to the of real estate rights and transactions (hereinafter – EGRP) records on the state registration of rights of owners of residential and commercial property for real estate, which are common property in apartment buildings (hereinafter – the real estate), and transactions carried out in accordance with the Law on Registration, Rules of EGRP and other legal acts of the Russian Federation, adopted in According to him, including the Regulations. To date, we would like to inform the citizens of the general provisions and requirements that must be followed if you wish to state registration of rights to common property of an apartment building. The concept of the common property of all property apartment building can be divided into two parts: residential and commercial spaces that are independent objects of property rights, and common property of an apartment building, designed to enable the use of the said premises and therefore not recognized by an independent object of civil law. Since physically block of flats linked to the land on which is located and which is required for its use to the common property of multi-classified as appropriate, and land. Thus, the common property in apartment building are: premises in the house, not being parts of flats and designed to serve more than one room in the house, mezhkvartirnye landings stairs, elevators elevators and other shafts, corridors technical floors, attics, basements in which there are utilities, serving more than one other room in the house the equipment (technical basement), roof protecting load-bearing and non load-bearing structure of the house, mechanical, electrical, plumbing and other equipment located in this building outside or inside the premises and serving more than one premises; land, on which the present house, with elements of landscaping and beautification other intended for maintenance, operation and improvement of the home sites located on specified land. .
Now, in times of crisis, it is very difficult to bargain sale of real estate. What was once perceived as a given time (eg, the desire not to show the full cost of the contract to avoid paying taxes, or purchase of a stake in a communal apartment in the deed of gift to not receive waivers of pre-emptive right to buy) is now taken very serious. But is it really as dangerous or as safe habitual ways Real estate issues? In this article we look at the basic, key moments of “unconventional” solutions to problems arising from the contract of sale of real estate. Typically, solving their pi issues, the parties resort to sham transaction. Part 2 of Art.
170 of the Civil Code defines a sham transaction as “a deal that made with the purpose of concealing another deal.” For example, a contract of sale is often replaced with flat share agreement donation. The reason for the invalidity of sham transactions that the parties initially did not want her to do, will and the will of their simulation on totally identical, but that’s because both the will and the will was directed not to the legal outcome, and the fiction, the relations are not regulated by law – that’s why feigned transaction does not receive any protection. What is different from the sham transaction imaginary? Imaginary recognized transactions which are made only for the species, with no intention to create the appropriate legal consequences. And the imaginary and feigned transaction is null and void. If fraudulent deal is repealed, then pretended to deal rules that would apply to a transaction which the parties actually had in mind, given the nature of the transaction. For example, if the husband gave his wife an apartment to avoid a trial on the treatment of belonging to him real estate, but the actual transfer of the apartment was not, then this transaction recognizes the imaginary. .