Each person has his own right to dispose of the property that belongs to him, whether it be some small thing, a car or an apartment. But when the property is alienated, the termination of the right of ownership also applies. In what cases, according to the legislation, use this concept?
Such a right is one of the most stable from a legal point of view. That is why the laws of the Russian Federation simultaneously govern the emergence and termination of property rights.
Refuse to own a thing can, first of all, the owner himself. There can be two reasons: either he transfers his property to other persons (for example, sells an apartment, gives it, and so on), or voluntarily refuses it.
The last case for our legislation is still new. Although such a termination of ownership, such as a waiver, has previously been used in property relations. Under this rule, the owner can refuse a specific thing by speaking publicly or by performing real actions - for example, by throwing away property. You can get rid of the car in this way, but you canโt throw out real estate in the trash.
An important point: keep in mind that while the new owner has not officially acquired ownership of the property, the owner can still dispose of it. It is very important to take this into account when concluding an agreement when buying land or housing. After all, until a certificate of ownership has been issued , the owner can sell the subject of the transaction to someone else.
Termination of ownership is also possible as a result of privatization, that is, the transfer of state and municipal property into the hands of a private individual. This procedure takes place at the initiative of the public owner (i.e., the municipality or the state), and involves a small fee. Naturally, the object of such a transaction will primarily be real estate. Privatization is carried out in accordance with the Law on Privatization. The norms of the Civil Code in this case do not apply.
And finally, the last case, due to which the termination of ownership can occur. This is death or the deliberate destruction of property. After all, if the object of law no longer exists, there is nothing left to own the owner. Death is the loss of property due to accidental reasons, natural disaster, and so on, that is, without the participation of unauthorized persons. Then all responsibility for what happened lies with the owner himself. The term "destruction" by lawyers is used if someone intentionally caused property damage. He bears all responsibility.
It is worth noting that the Federal Law, entitled โOn State Registration of Rights to Real Estate and Transactions with Itโ in 2008 was supplemented by an article stating that the termination of the
right of ownership of land is subject to registration. From this paragraph of the law it follows that the owner is obliged to register his refusal to own a land plot or its share with the appropriate authority. To do this, you must submit an application.