Russian legislation provides for certain rules for the transfer of things by one person to the ownership of another. These transactions are collectively referred to as “property alienation”.
The concept and types of alienation of property
Alienation of property is the transfer of any things to another person who becomes their owner. Only things and rights are subject to alienation. It is impossible to transfer ownership of any services (works) and objects of intellectual property, as well as non-economic relations that do not imply alienation from the outset. 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 custody. 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.
Alienation cannot be a waiver of the right, the provision of things or objects of intellectual property for temporary use, as well as the provision of future opportunities for alienation (conclusion of a preliminary agreement on the alienation of property).
Conclusion of a contract for the alienation of property
An alienation agreement for such a transaction as purchase and sale necessarily provides for an indication of the price of the alienated thing. In the absence of this agreed in writing condition, the purchase and sale agreement shall be deemed not concluded. In addition, the legislation provides for the possibility of the owner 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 at the conclusion of the 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, checks the absence of arrests on it, imposed by the investigating authorities or the court, since the property under arrest cannot be an object of alienation. For example, information on the presence or absence of arrests on real estate is contained in the Unified State Register of Rights to Real Estate and Transactions with It, an extract from which, at the request of a notary, is provided by the justice institution that carries out state registration of rights to this property.