Concept and types of alienation of property
The alienation of property referred to as the transfer any items to another person who becomes their owner. The alienation of the subject only things and rights. It is impossible to transfer the ownership of any services (work) and intellectual property, as well as non-economic relations that do not presuppose the exclusion originally. Thus can be transmitted as personal property and non-property rights, e.g. the right to property ownership or right to custody. The transaction is carried out in written or oral form, depending on the values passed in to the hands of another things.
Alienation includes such types of transactions like purchase, sales, exchange, gift, donation and some others, an exhaustive list of which is contained in the Civil Code of the Russian Federation.
Exclusion may not be a waiver of, all things or objects of intellectual property for temporary use and the provision to the exclusion of future opportunities (conclusion of the preliminary contract on alienation of the property).
The conclusion of the contract on alienation of property
An assignment agreement relating to this transaction like a sale necessarily involves the indication of the price of alienated things. In the absence of this agreed in writing the terms of the contract of purchase and sale is not concluded. In addition, the legislation provides for the possibility of the property owner to keep a portion of your rights to it even after exclusion.
Alienation of property is often accompanied by disagreements between the parties in the transaction. To ensure that the process complies with the legislation and were not contentious, the parties may use the services of a notary. The notary certifies the transaction with movable and immovable property, verifies the lack of arrests on him imposed by the investigating authorities or the court as composed under arrest the property may not be subject to exclusion. For example, data on presence or absence of arrests of real estate contained in the Unified state register of rights to immovable property and transactions with it, an extract which on demand notary provides the Department of justice implementing state registration of rights on the property.
