PROPERTY EXPECTATION AND THE RIGHT TO LAND: LEGAL ASPECTS AND APPLICATION PRACTICE
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 76)Publication Date: 2024-06-30
Authors : Lutsenko Dmytro;
Page : 133-139
Keywords : right to land; property expectation; property; land plots; judicial practice;
Abstract
. Introduction. Property expectation and the right to land are crucial aspects of land law that regulate ownership and use relations of land plots. In contemporary legal practice, these issues gain particular importance in the context of land law reform and the introduction of the land market. Objective. The aim of the study is to reveal the conceptual approaches to the essence of property expectation or the right to future acquisition of ownership, which arises when a subject has legitimate grounds to expect to receive a land plot in the future. This may be conditioned by inheritance rights, a contract, or a court decision. Typically, property expectation is realized through the conclusion of a preliminary contract that secures the parties' intention to enter into the main contract in the future. Materials and Methods. The research materials include: 1) normative and legal regulation of property expectation and the right to land in civil law; 2) works of domestic and foreign authors conducting their scientific and practical research in the field of land ownership and property expectations in civil law. In the course of the research, the following scientific methods were used: theoretical generalization and grouping; formalization, analysis, and synthesis; logical generalization of results (formulation of conclusions). Results. The article examines the right to land, which includes a set of powers that allow the owner or user to possess, use, and dispose of a land plot in accordance with the law. These rights can be full or limited depending on the form of ownership (private, state, communal) and the intended purpose of the land. In practice, the application of the right to land and property expectation can face several legal issues. These include the imperfection of the land cadastre, disputes regarding land plot boundaries, inconsistency between various normative acts regulating land relations. Judicial practice plays an important role in resolving these issues, contributing to the formation of a unified approach to the application of land legislation. Prospects. Further scientific research should focus on a deeper study of land relations reform, the introduction of an electronic land cadastre, and the development of public-private partnership mechanisms as relevant directions for improving legal regulation in the field of land relations. Effective resolution of legal problems related to property expectation and the right to land will contribute to enhancing legal certainty and the protection of the rights of land relations subjects.
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Last modified: 2024-12-17 21:50:02