Alienation of property - what is alienation of movable and immovable property

When it comes to real estate, many people unfortunately do not have a clear understanding of what constitutes foreclosure. However, in this legal transaction everything is very clear. To carry out a transaction for the alienation of property, you must have appropriate knowledge in this area. An unprepared person may encounter a number of problems when carrying out a transaction on his own. For everything to go smoothly, it is best to entrust the work of concluding an agreement to a lawyer. So, what is the alienation of real estate, and what can be alienated?

What is the concept of alienation of property

First of all, it is necessary to answer the question, what exactly is alienation of property? Alienation of property is the transfer of an object to another person . Civil law provides a clear definition of this term, which states that alienation of property is the transfer of any object into ownership of another person. This can be either movable or immovable property.

But if you look at this from the other side, then, at first glance, it may seem that the refusal of the right to use with the subsequent transfer of property for temporary use has nothing to do with the alienation of real estate. In addition, the waiver of intellectual property rights has nothing to do with this category.

Objects of intellectual property and various types of services are not subject to alienation. But as for money and things, this is directly related to alienation.

We are sure that you will find useful information about the rules for maintaining silence in apartment buildings according to the law.

Legal assistance in supporting a transaction for the transfer of exclusive rights

An agreement on the alienation of exclusive rights is a complex legal structure. Its coordination, execution and conclusion has many legal nuances with far-reaching consequences. If you are not ready to take risks, use the professional support of RTM Group lawyers. Our experts will conduct a comprehensive legal analysis of the situation and develop a text of an agreement that will comply with the requirements of the law and maximally protect your interests.

RTM Group specializes in providing legal assistance in the field of intellectual property protection. By entrusting us with the development of an agreement for the alienation of exclusive rights, you can be sure that your transaction will go through without incident.

Types of alienation of real estate

Ownership rights may arise when concluding the following types of transactions:

• When exchanging a real estate property.
• Acquisition.
• Making things.
• Giving an object.
• Inheritance.
• Appropriation of found things.

All of the above types of transactions relate to the alienation of property.

Ownership rights can arise not only for movable property, but also for immovable property . The full list of objects to which this right applies is specified in the law of the Russian Federation. But the most important thing is that this list is updated regularly. The right of ownership can terminate only if a person abandons the thing or destroys it.

When you cannot alienate real estate

Due to various circumstances, a ban on alienation is imposed on some objects. We are talking about encumbrances, the most severe of which is arrest.

The remaining encumbrances, although they prohibit the alienation of apartments and land, but only without the consent of the person in whose favor they are imposed. If there is consent, the ban is lifted. Such encumbrances include:

• mortgage;
• pledge;
• notarial prohibition of alienation of property.

Any of them is registered in Rosreestr and reflected in the Unified State Register of Real Estate.

Forced alienation of real estate

Forced alienation can only occur if a plot of land was seized for state needs. In addition, if the owner uses the land improperly, it can also be forcibly seized.

When alienating a property, various agreements can be concluded between the parties:

• Purchases and sales;
• Exchange;
• Donations.

When concluding a purchase and sale agreement, the property is transferred to the other party after payment is made to the seller’s account.
A similar situation also occurs when selling the right to a property. When signing an agreement for the exchange of property, one party has the right to exchange one thing for another, more significant for him at the moment. In such a case, the parties participating in the transaction act as both a buyer and a seller at the same time. After all, they are obliged to transfer and accept property or an object that previously belonged to the other party.

As for concluding a gift agreement , the object will be transferred to the donee. He has the right to dispose of it free of charge, in accordance with the terms of the agreement. In addition, the donor has the opportunity to release the donee from the donee’s property obligations. In addition, it is worth noting that the alienation of a property may take the form of a donation. At first glance, this resembles a gift agreement.

The only difference is that it represents the right to transfer a property for public purposes. If one of the parties refuses to fulfill the obligations, then the alienation procedure is carried out by court decision. The owner who previously had the right to the property is deprived of it after it is transferred to another person. This is due to the fact that the last party immediately accepts the property. Of course, she has legal ownership.

Paid and gratuitous alienation: differences and features

As mentioned above, the procedure for the alienation of real estate can be voluntary or compulsory. This criterion fundamentally distinguishes the different processes of transferring ownership of housing or land. Let's take a closer look at these features.

Voluntary alienation of real estate is a transaction that is an expression of the internal will of each party. Consequently, both parties consciously enter into an agreement and agree to transfer ownership of the property. Only in this case is the alienation considered voluntary.

Voluntariness as an expression of the internal will of a party to a transaction is not respected in the case of signing an agreement:

• incompetent, limited in legal capacity or a minor;
• a representative of an incapacitated person if the transaction violates the interests of his ward;
• representative of the owner, if the power of attorney does not give authority to alienate;
• under the influence of delusion, deception, threat or violence;
• an owner whose condition did not allow him to understand the meaning of his actions and manage them.

A transaction for the alienation of real estate signed involuntarily by the owner is invalid.

The second criterion by which alienation can be divided is compensation. That is, the alienation of property owned by the Russian Federation or citizens for compensation is the transfer of rights to it in exchange for a material representation. The most common example is a purchase and sale agreement, the consideration of which is the transaction price.

Often property is lost without compensation, that is, without material representation. This happens both compulsorily and voluntarily. In the first case, this is foreclosure on property or its confiscation.

Alienation as a result of a gratuitous transaction is, first of all, an agreement of gift or donation. If the agreement contains mention of a counter-representation (in exchange for a gift), the substance of the transaction is violated. It will be considered invalid.

The question of what alienation of property means is discussed above. It was mentioned that it can be voluntary or forced.

The difference between these concepts is as follows:

1. Voluntary. In case of voluntary alienation of real estate, consent to this action on the part of the owner is required. Typically, such transactions are carried out by concluding a purchase/sale agreement, exchange or gift. In all cases except the last one, the previous owner receives some compensation for the procedure.
2. Forced. As the name implies, in this case the owner’s consent does not affect the final result. A classic example is the alienation of land/houses in favor of a regional, municipal or federal owner, i.e. government agencies.

In any case, when an apartment or land is alienated, a citizen loses ownership of it. The difference is that in the first case this happens at the will of the person himself, in the second - without his consent and regardless of his desire.

Alienation of a share in the right of common ownership of property

It is worth noting here that the party (participant in the common share) has the right to a specific share in this property . As for other participants, if they wish, they have the right to purchase this share.

Please note that this provision does not apply to public contract sales. The owner who sells a share of the property must notify the other participants in writing. The contract must indicate the price and conditions under which you intend to sell the share.

If the remaining participants in the common property did not intend to buy the share put up for sale or refuse to purchase it, then the seller can sell it on any terms favorable to him . When contacting a notary to conclude a transaction for the sale of a share in a common shared property, you must be prepared for the fact that you will have to provide evidence that each participant in the property has been notified of the decision.

In most cases, owners of common shares voluntarily present to the notary a waiver of the right of pre-emptive acquisition of this share.

Definition of the word “Alienation” according to TSB:

Alienation is an objective social process inherent in a class-antagonistic society and characterized by the transformation of human activity and its results into an independent force that dominates and is hostile to it. The origins of O. are in the antagonistic division of labor and private property. O. is expressed in the dominance of materialized labor over living labor, in the transformation of the individual into an object of exploitation and manipulation by dominant social groups and classes, and in the lack of control over the conditions, means, and product of labor. O. is a historically transitory form of a person’s objectification of his abilities and is associated with the reification and fetishization of social relations. O. also receives a certain psychological expression in the consciousness of the individual (the gap between a person’s expectations, desires and the norms prescribed by the antagonistic social order, the perception of these norms as alien and hostile to the individual, a feeling of isolation, loneliness, the destruction of norms of behavior, etc.). In O., the contradiction between the individual and social institutions, common to all class-antagonistic societies, is complemented by a specific perception of the social and cultural world as alien and hostile to the individual. This is especially aggravated with the emergence of bourgeois relations, which led to the collapse of traditional patriarchal social ties, where the individual is dissolved in the social whole, and to the formation of Individualism, with its characteristic contrast between the individual and social institutions. O.'s processes were interpreted in the history of social thought primarily in line with the romantic criticism of capitalism. Social contract theorists (T. Hobbes, J. J. Rousseau and others), interpreting the emergence of society as an act of a person transferring his rights to a political body, saw in this the source of man’s enslavement, his loss of his original freedom. F. Schiller, stating the internal fragmentation of modern man, views it as a consequence of the division of labor and sees in the aesthetic sphere a path to restoring lost integrity. This line of aesthetic criticism of bourgeois society and the art associated with it was developed by German and French Romanticism, which contrasted the world of art with the ideal of an integral patriarchal communal life. The category O. is one of the central ones in Hegel’s philosophy. It is a way of constructing his philosophical system: nature and history are the essence of objectification, the O. of the absolute spirit. In addition, the category of O. characterizes Hegel’s specific attitude to the reality he created in the conditions of a bourgeois legal society. In “Phenomenology of Spirit”, analyzing bourgeois society - the world of “spirit alienated from itself”, Hegel notes that reality appears here for the individual as “... something directly alienated...”. self-consciousness “... creates its own world and treats it as some alien world, so that from now on it must take possession of it” (Soch., vol. 4, M., 1959, pp. 264, 263). Real O. is interpreted by Hegel as the O. of the spirit, and overcoming O. - as a theoretical awareness of the untruth of O. This is the “uncritical positivism” of Hegel, which was noted by K. Marx. Hegel does not distinguish between objectification and O.; he identifies O. with the objectification of human abilities. L. Feuerbach, in his criticism of Hegel, gives an anthropological interpretation of O. Considering religion as the O. objective-sensual essence of man, he sees the reasons for this O. in psychological states - a feeling of dependence, fear, etc. The sensual nature of man is interpreted by him as “ inalienable” foundation of human life and is contrasted with the untrue world of O. - idealism, theology, etc. This line of opposition between the “true” and “untrue” state, the world of O. and love is even more intensified among the Young Hegelians (B. Bauer, M. Hess ), from various petty-bourgeois ideologists of the 40s-50s. 19th century (P. J. Proudhon, M. Stirner, etc.). The Marxist understanding of philosophy was formed in polemics with both the objective-idealistic concept of philosophy and its anthropological and psychological interpretation. Criticizing the romantic-utopian, moralistic ideas about philosophy, the founders of Marxism contrasted this with a view of philosophy as an objective social process. As the materialistic understanding of history developed, the understanding of philosophy deepened. From the analysis of philosophy in the sphere of spiritual life (religion, idealistic philosophy), K. Marx and F. Engels moved on to the study of philosophy in political life (bureaucracy, the role of the state), and then to understanding the processes of accounting in the economic sphere. In the works of the early 1840s. The problem of alienated labor is analyzed: the identity of the worker from the process and results of labor, the worker’s identity from his generic, social essence, and, finally, the worker’s identity from himself. If in these works Marx and Engels still derived economics from the worker’s relationship to his work, then already in The German Ideology (1845-46) and especially in Marx’s economic works of the 1860s-70s. The sources of O. are profound socio-economic changes—the capitalist division of labor, the spontaneous nature of aggregate social activity in conditions of antagonistic formations, the dominance of private property and commodity-money relations, the transformation of labor into a means of subsistence, partial social functions into the lifelong vocation of certain individuals, layers, classes. The analysis of O. was based on a scientific foundation—the economic theory of Marxism and the doctrine of commodity fetishism. The works of Marx and Engels reveal the following main points of labor in a capitalist society: 1) Human activity itself, which emerges from the labor process impoverished and devastated, “... alienation of the content of labor in relation to the worker himself...” (K. Marx, see Marx K. and Engels F., Soch., 2nd ed., vol. 46, part 1, p. 440). 2) O. working conditions from the work itself. “... Objective conditions of labor are acquiring increasingly colossal independence in relation to living labor, independence expressed in their very size... social wealth in ever more powerful accumulations confronts labor as an alien and dominant force” (ibid., part 2, p. . 346-47). The worker is confronted in an alienated form as capital not only by the material but also by the intellectual conditions of his labor. This is especially obvious in the philosophy of production management and in the science of worker science. “Science appears as an alien force, hostile to labor and dominating it...” (ibid., vol. 47, p. 555). 3) O. results of labor from the hired worker, leading to the fact that “... the wealth created by him is opposed as alien wealth, his own productive power - as the productive power of his product, his enrichment - as self-impoverishment, his social power - as the power of society, ruling over him” (ibid., vol. 26, part 3, p. 268). 4) Alienation of social institutions and the norms prescribed by them from workers. Thus, in the state, the common interest “... takes an independent form, divorced from real—both individual and joint—interests, and at the same time the form of an illusory community” (ibid., vol. 3, p. 32). In the process of historical development, the orientation of the exploitative state from actual individuals deepens, social institutions turn into bureaucratic systems built on a hierarchical principle. 5) The gap between the values ​​preached by the official ideology and the real opportunities provided by society. The impact of ideology on life leads to the fact that it forms a level of claims, desires and expectations among members of society that does not correspond to the actual capabilities of society. Thus, the ideological values ​​​​proclaimed by bourgeois society: freedom, equality, enterprise - increasingly came into conflict with the real life of bourgeois society, with its economic inequality and exploitation. O. also characterizes the spiritual life of a class society, specific forms of ideological O. are formed (from religion to authoritarian ideologies), and within the culture itself the gap between “mass culture” and the culture of the elite deepens. The understanding of labor as a social phenomenon was further concretized in the doctrine of the absolute and relative impoverishment of the working class, of exploitation as a “real manifestation” of labor (see K. Marx, in the book: K. Marx and F. Engels, Works, 2nd ed., vol. 26, part 3, p. 520), in the Marxist interpretation of social institutions and personality. A sharp ideological struggle unfolded around the Marxist concept of philosophy, the most characteristic features of which are: the opposition of the young, “humanistic” Marx, who analyzed the problems of philosophy, with the mature Marx, who allegedly took a non-humanistic, scientistic (see Scientism) position. interpretation of Marxism as a type of irrationalist anthropology and its rapprochement with existentialism. theological interpretation of O., identifying O. with the Fall. Attacking the practice of socialist construction, right-wing and “left-wing” revisionists (R. Garaudy, E. Fischer, and others) argue that socialism strengthens the ownership of the individual and creates new forms of ownership related to public property and the role of the state under socialism . Criticizing the bourgeois and revisionist concepts of philosophy, Marxists in various countries emphasize that socialism destroys the root sources of culture and that the leading tendency of socialism is to overcome poverty, which is carried out in full and final measure along with the building of communism. The general ways to overcome poverty, identified in the theory of scientific communism, consist in the abolition of exploitation, the comprehensive development of social wealth and socialist social relations, in overcoming the opposition between mental and physical labor, city and countryside, in the development of communist consciousness, democratization of management and all public life socialist and communist society. The specific ways and methods of overcoming poverty and the pace of this process depend on the specific characteristics of the countries building a new society, on the level of their development, and on the consciousness of the working class of these countries. The position of Marxism, which emphasizes the socio-historical, transitory nature of O., is opposed to the positions of modern bourgeois ideologists who see in O. an eternal characteristic of human life. Common features of the understanding of O. in modern bourgeois philosophy and sociology are anti-historicism, psychologism in the interpretation of the causes of O., and the transformation of O. into an essential characteristic of human existence. Considering many phenomena of O. from the standpoint of O. itself as irreducible moments of social life in general, bourgeois philosophers inevitably come to a tragic perception of the history of society and culture. Already G. Simmel saw the “tragedy of culture” in the contradiction between the creative process and objectified forms of culture. The description of O. in the philosophy and fiction of Existentialism is painted in tragic tones. In bourgeois sociology of the 20th century. a number of aspects of the problem of O. were analyzed (without using the term “O.”) in connection with the problem of bureaucracy (K. Mannheim, M. Weber - Germany), social anomie (E. Durkheim - France, R. Merton - USA). In the 1960s In connection with the strengthening of romantic criticism of capitalism, interest in the category of O. as a way of analyzing bourgeois society has revived. This found its expression in the ideology of the so-called “new left” (G. Marcuse - USA, etc.). Many representatives of bourgeois sociology interpret O. as the only possible way of organizing human relations, contrasting it with “small” and “informal” groups deprived of O. In modern American sociology, attempts are being made to empirically study O. M. Seaman proposed 5 criteria for the empirical interpretation of O. (lack of power, loss of meaning in one’s work, lack of norms, isolation, self-alienation), which became a program of sociological research (R. Blauner and others). However, in general, the analysis of real. social conditions and causes O. is replaced in bourgeois philosophy and sociology by a description of the consciousness and psychology of the individual living in the world of O. Lit.: K. Marx and F. Engels, From early works, M., 1956. them, Capital, Op. , 2nd ed., vol. 23-25. Lenin V.I., State and Revolution, Complete. collection cit., 5th ed., vol. 33. Davydov Yu. N., Labor and Freedom, M., 1962. Ogurtsov A. P., Alienation and Man. Historical and philosophical essay, in the collection: Man, creativity, science, M., 1967. “Capital” of Marx, philosophy and modernity, M., 1968. Oizerman T.I., The problem of alienation and the bourgeois legend of Marxism, M., 1965. Alienation: the cultural climate of our time, ed. G. Sykes, N.Y., 1964. Alienation: a casebook, ed. DJ Burrows, FR Lapides, NY, 1969. Geyer RF, Bibliography alienation, 2 ed., Amst., 1972. A. P. Ogurtsov.

Difficulties in selling a share in an apartment

In some cases, situations may arise where it is not possible to obtain such evidence. However, in most such cases, the owner of the alienated share simply does not come to the notary and signs a waiver of the share that he is selling. Or he appears before the notary, but refuses to sign the alienation agreement, despite the fact that he gives such consent orally. In such a case, it is recommended to transfer the application. Having written an application, the seller must notify the owner of the common share of his decision. Such a statement is essentially arbitrary. In addition, the application must provide the following information:

• Object for sale.
• The address where the property is located.
• The price at which you list the property for sale.

It is also worth noting that the seller has the right to change the terms of sale of real estate . You must inform each shareholder who may be eligible to purchase a share about such changes. If the property is sold at an inflated price, in contrast to the one that was initially set, but under the same conditions, then it will not be necessary to again provide evidence that all participants have been informed. But if the cost has decreased, then you need to provide such evidence again.

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Confiscation, Involuntary Taking - The formal confiscation (or seizure) of private property by an authorized person for the public benefit. Using authority and official.

What payments are due after the death of a pensioner is a question often asked by relatives of the deceased. The state in...

Additionally, the buyer will be required to prepare copies of an identity document. You will also have to pay a state fee of 350 rubles and provide a receipt confirming the fact of depositing funds.

Our articles are informational in nature about resolving certain legal issues. However, each situation is individual.

This process occurs, as a rule, as a result of the signing of an appropriate agreement, the terms of which are acceptable to both interested parties. The worker is confronted in an alienated form as capital not only by the material but also by the intellectual conditions of his labor.

What it is

Forced alienation of property means actions taken by government agencies to confiscate the property of an individual or legal entity on legally established grounds. This can be either a court order or a decision of other authorized bodies. The list of situations in which property is forcibly alienated is clearly regulated by the current legislative framework.

Actions as a result of which the thing will be alienated are carried out by the owner himself , albeit by virtue of mandatory requirements provided for by law. For example, the owner of property that he cannot legally own must alienate it within the time limits provided by law.

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For example, the procedure is performed if the property is classified as a restricted item. Another situation is when real estate that is located on a seized plot of land is sold at auction. Another example is the alienation of property that has been foreclosed on. It can be imposed, for example, on real estate taken out on a mortgage.