Survey of Court Practice in Cases Related to Unathorised Building (affirmed by the Presidium of the Supreme Court on 19 March 2013)
- Court:
- Supreme Court
Subject areas:
Judgment of the Presidium of the Supreme Commercial Court of 28 May 2013 № 17085/12 in the case Administration of Temriuk district vs Mikhail Radzievski, an entrepreneur
- Court:
- Supreme Commercial Court
- Points of law: 1) whether buildings and structures erected by the owner of land plot, but not registered by him in the State Register of Rights to Immovables (hereinafter: the Register), may be considered as his property? 2) whether a football pitch situated on a land plot is a separate object of real estate, the right to which may be registered? 3) may a court give its own qualification to an object, which has been registered as a real estate? 4) under which circumstances a lease-holder of a land plot may acquire the right of ownership to objects erected by him on this land plot?
Subject areas:
Judgment of the Plenary Session of the Supreme Commercial Court of 25 January 2013 № 13 “On making additions to the Judgment of the Supreme Commercial Court of the Russian Federation of 17 November 2011 № 73 “On certain questions of the practice of applying the rules of the Civil Code of the Russian Federation to lease contracts”
- Court:
- Supreme Commercial Court
Subject areas:
Judgment of the Presidium of the Supreme Commercial Court of 28 February 2012 № 14850/11 in the case The company “Farn-Trade” vs The company “Prosto” et al.
- Court:
- Supreme Commercial Court
- Points of law: 1) what are the requirements to the procedure of publication and dissemination of notifications concerning a public sale? 2) whether the consent of lessor is mandatory in case of the transfer of the right to lease of the state or municipal property?
Subject areas:
Decree of the Plenary Session of the Supreme Commercial Court of 17 November 2011 № 73 "On certain questions of the practice of applying the rules of the Civil Code of the Russian Federation to lease contracts"
- Court:
- Supreme Commercial Court
- The Plenary Session has clarified a number of unclear issues in the area of lease contracts, particularly as regards the procedures of public tender for the right to lease State and municipal property.
Subject areas:
Judgment of the Presidium of the Supreme Commercial Court of 10 November 2011 № 8472/11 in the case The Land Resources Department of Moscow City vs The company "ARZ-3"
- Court:
- Supreme Commercial Court
- Point of law: from which moment the duty to make lease payment shall terminate if a sales-purchase contract as to the leased land plot has been concluded between the lessor and lessee?
Subject areas:
Judgment of the Presidium of the Supreme Commercial Court of 1 November 2011 № 7088/11 in the case The company "Aren" vs The Federal Service for State Registration, Cadastre and Cartography in Penza Region
- Court:
- Supreme Commercial Court
- Point of law: whether the consent of the seller of a real estate item (an edifice) to divide the land plot for the purpose of forming the land plot necessary for the use of the real estate is required, or such consent is not needed and the right to lease such land arises in the purchaser by virtue of the law?
Subject areas:
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