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Legal Regime of Buildings and Structures not Attached to the Aboveground
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Legal Regime of Buildings and Structures not Attached to the Aboveground
Annotation
PII
S1605-65900000622-5-1
DOI
10.12737/jrp.2023.015
Publication type
Article
Status
Published
Authors
Marina Maleina 
ORCID: 0009-0004-2912-2666
Occupation: Professor
Affiliation: Kutafin Moscow State Law University
Address: Moscow, Russia
Edition
Volume 27 No. 2
Pages
33-42
Abstract

The concept of buildings and structures as real estate objects is revealed through a number of signs. Traditionally, buildings and structures are characterized by being firmly connected to the ground. Meanwhile, modern construction methods make it possible to create buildings and structures located on the water, under water, above the ground, underground. The article provides a legal analysis of the status of such buildings.

The goals and objectives of the study are to determine the legal regime of buildings and structures that are not permanently attached to the earth's surface, or whose surface is only partially attached to the earth's surface, or attached not to the earth's surface, but to other layers of the earth or other objects; formulate the necessary changes in legislation.

Research methods are: general scientific methods; a systematic and logical analysis of scientific literature and norms of Russian legislation; the method of comparative law.

The author concludes that the legal regime of buildings and structures differs. Capital buildings and structures in the underground space are attached not to the soil, but to other parts of the earth's crust. It is proposed to recognize floating vehicles as non-self-propelled (without a motor) and selfpropelled (having both the functions of a vehicle and a place of residence or a place of production) as real estate objects. The same approach to river and sea floating objects is substantiated. It is proved that buildings firmly equipped on trees belong to the general real estate complexes. The arrangement of dwellings in the airspace without support should receive the status of an aircraft intended for living. Virtual buildings and structures are not real estate objects; they should be subject to the legal regime of the results of intellectual activity.

Keywords
buildings, constructions, immovable property, houseboat, underground structures, virtual property, MetaHouse, underground space, underwater space, metaverse, subject of a right, legal regime, property right
Date of publication
20.02.2023
Number of purchasers
12
Views
258
Readers community rating
0.0 (0 votes)
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References



Additional sources and materials

1.	Grudtsina L. Yu., Lagutkin A. V. Legal problems of recognition of ownership of underground construction facilities in Russia. Administrativnoe i munitsipal'noe pravo, 2014, no. 5, pp. 461— 468. (In Russ.) 
2.	Krassov O. I. Land plot — the basis of the conceptual apparatus of land law. Ekologicheskoe pravo, 2011, no. 4, pp. 4—12. (In Russ.) 
3.	Kuzmina I. D. The legal regime of buildings and structures as objects of immovable property. Dr. diss. thesis. Tomsk, 2004, 20 p. (In Russ.) 
4.	Lapach V. A. System of objects of civil rights. Moscow, 2002. 544 p. (In Russ.) 
5.	Lisachenko A. V. The law of virtual worlds: new objects of civil rights. Rossiyskiy yuridicheskiy zhurnal, 2014, no. 2, pp. 104—110. (In Russ.) 
6.	Pobedonostsev K. F. Civil law course. Vol. 1. Moscow, 2003. 768 p. (In Russ.) 
7.	Shershenevich G. F. Textbook of Russian civil law. Kazan, 1902. 793 p. (In Russ.) 
8.	Stepanov S. A. Real estate in civil law. Moscow, 2004. 223 p. (In Russ.) 
9.	Zhernakov D. V. On the legal regime of underground structures. Rossiyskiy yuridicheskiy zhurnal, 2014, no. 4, pp. 114—120. (In Russ.)

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