Alienation of property - is the provision to other persons in the ownership of different things. These include, but are not limited to, stocks and other securities. We will examine further the features of property alienation.
General information
In civil law, alienation of property is a procedure related to the transfer of rights to certain things. In this case, one entity (providing the item) must be the owner. Here it is necessary to point out one important point. The waiver of the right to a thing or product of intellectual property, the transfer of material assets for temporary use will not act as an alienation of property. The same provision applies to services. A similar situation occurs with loan or lease relations. In these cases, property is not alienated either. This only happens with certain transactions. When a loan or lease of objects are transferred only for temporary use. The ownership of them remains with the rightful owner.
Deals
There is a certain category of relations in which property is alienated. It:
- Purchase and sale.
- Giving
- Exchange, etc.
In all these cases, one person loses, and the other acquires ownership of the object. It may be immovable or movable property.
Specificity
The list of things in respect of which the right of ownership applies is determined by law. Meanwhile, it remains open and constantly replenished. Property rights the subject can lose not only when making any transaction. A person may also destroy a thing, in addition, it may be legally seized from him.
Conclusion of contracts
Alienation of state property occurs within the framework of privatization. As a rule, in such cases there is a private investor who purchases an object for a set price. Alienation of municipal property is carried out in a similar way. An example is the privatization of apartments registered for use under lease agreements. The legislation also provides for the transfer of ownership of land to citizens. The peculiarities of the alienation of real estate are described in normative acts of the Moscow Region, as well as in the Civil Code. When transferring ownership of land, in particular, they are appointed public hearings certain preparation of the site for the transaction is carried out.
Mena
Alienation of property may occur on a reimbursable or gratuitous basis. For example, when concluding an exchange agreement in exchange for an object, a person receives another thing. In this case, he loses the ownership right to the first property, but acquires it in relation to the material value provided. The terms of the exchange are prescribed in the contract itself.
Giving
In this case, the object is alienated free of charge. In the same way, the transfer of rights to it is carried out. In addition, the donor has the right to release another person from the property obligation to himself. One of the varieties of giving is donation. In this case, however, there is public benefit in the process of alienation. In this way, as a rule, things or other values are transferred in favor of hospitals, religious organizations, educational institutions, etc.
Prohibition of alienation of property
The legislation provides for cases when an entity cannot freely dispose of its material assets.So, for example, when concluding a long-term lease (for more than a year), an encumbrance arises. If available, the purchase and sale transaction cannot be completed. Just as it is impossible to exchange or donate an object. The ban may also apply to property used as security for a claim or arrested as part of a writ of execution. In this case, if the entity does not fulfill the obligations that it has assumed, its property can be used by authorized bodies by decision of the court to repay them by force. Often, such measures are applied to persons evading the payment of a loan or alimony.
Deal Classification
Agreements, under the terms of which alienation of property may be provided, differ in the number of participants. So, transactions can be:
- One sided. They are committed by one subject. For example, such transactions are a will, donation, renunciation of inheritance, etc. They relate to the interests of one or more persons. Moreover, the legal consequences in such cases arise when the addressee accepts the will of the subject.
- Bilateral. Two entities are involved in such transactions. At the same time, their will must coincide. These transactions include purchase and sale, exchange.
- Multilateral. Such transactions represent the interests of more than three parties. They are concluded in cases where there is no contradiction between the actions of the participants and they are focused on achieving common goals. For example, persons agree to carry out joint activities for the return of an economic object. A number of transactions may provide for not one type of participation, but several.
Sale of objects by spouses
Property that is acquired in a marriage is jointly owned. If one of the spouses decides to sell something, he must obtain the consent of the other. Moreover, under paragraph three of Art. 35 SK, it must be certified by a notary. In the absence of consent or violation of the form of its expression, the transaction shall be deemed invalid. There is no need to draw up a document regarding property owned by spouses before marriage. Consent is also not required when selling the property received after the marriage is registered by inheritance or as a gift.
Share ownership
Her alienation is carried out in accordance with Art. 250 GK. According to this norm, the sale of a share by one of the owners to a third party is subject to the preemptive acquisition procedure. It applies to the legal owners of the remaining parts of the property. In this case, the seller must notify them in writing of their intention. In the notice, he indicates the cost and other terms of the transaction. Other owners must decide within a month whether to purchase a share or not. In the event of their refusal, the seller enters into a transaction with an extraneous subject. A similar procedure applies to the exchange. In practice, the remaining owners usually themselves provide a refusal to acquire a share in the preemptive order. This document must be certified by a notary.
Special cases
Transactions that relate to the alienation of real estate by minors or persons under 14 years of age may be concluded with the consent of their legal representatives. Sale of objects on behalf of minors is made by parents, guardians or adoptive parents. Moreover, the law establishes a restriction. So, you can’t sell an apartment that belongs to a minor whose representative is his mother, to her parents or her other close relatives. The law prohibits donation of property owned by minors and citizens recognized as legally incompetent.