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Actual problems of Russian law
Reference:
Svistunova, M.V.
The building leasehold
and the sphere of its application
// Actual problems of Russian law.
2013. ¹ 11.
P. 1429-1433.
URL: https://en.nbpublish.com/library_read_article.php?id=63432
Svistunova, M.V. The building leasehold and the sphere of its applicationAbstract: The article is devoted to a new real right, as provided by the Conception for the Development of Civil Legislation — the building leasehold. The author pays attention to specific features of building leasehold in various legal orders, she provides comparative legal studies of application of building leasehold in the Russian pre-Revolution and Soviet legislation, as well as in the legislation of foreign states (Austria, Germany, Italy, Spain, Portugal, Belgium, France, Argentina, Estonia, Poland, Bolivia, Netherlands, the Republic of Korea, etc.). It is noted that the building leasehold may be used for various purposes (enlargement of the housing fund, including restoration of destroyed buildings, construction of non-housing units, development of the new territories, forest plantation, attracting investments, etc.). It is noted that the building leasehold may be provided for the public and private interests. The author draws conclusion on flexibility of this legal construction and the wide range of its application. Keywords: jurisprudence, building leasehold, superficia, limited real rights, jus in re aliena, title to land, foreign legal order, foreign legislation, comparative legal studies, historical prerequisites.
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