LovesTheTeam.com

Concept and types of alienation of property

Alienation of property is called transferany things to another person who becomes their owner. Only things and rights are subject to alienation. It is impossible to transfer any services (works) and objects of intellectual property, as well as non-economic relations, that do not presuppose alienation from the beginning. In this case, both personal property and non-property rights can be transferred, for example, the right to own real estate or the right of guardianship. The conclusion of the transaction is carried out in a simple written or oral form, depending on the value of the things transferred to the disposal of another person. Alienation includes such types of transactions as purchase and sale, exchange, donation, donation and some others, an exhaustive list of which is contained in the Civil Code of the Russian Federation .Reception can not be a waiver of the right, the provision of things or objects of intellectual property for temporary use, as well as provision for alienation of future opportunities (conclusion preliminary agreement on alienation of property).

Conclusion of a contract for the alienation of property

The alienation agreement on such a transaction asbuying and selling necessarily provides for specifying the price of the alienated item. In the absence of this agreed in writing, the contract of sale is considered not concluded. In addition, the law provides for the possessor of the property to retain part of his rights to it even after alienation. Alienation of property is often accompanied by disagreements between the parties when concluding a transaction. In order for the process to comply with the law and not cause disputes, the parties can use the services of a notary. The notary certifies the transaction with movable and immovable property, verifies the absence of arrests on him, imposed by the investigative authorities or the court, since the property under arrest can not be the object of alienation. For example, information on the presence or absence of arrests on immovable property is contained in the Unified State Register of Rights to Immovable Property and transactions with it, an extract from which, at the request of a notary, is provided by an institution of justice that performs state registration of rights to this property.