The Legal Nature of State Registration of Property Rights and Real Estate Transactions

The paper examines the essence of state registration of rights to real property and transactions involving such property, analyzing its legal nature and significance as an act of securing the rights. The author emphasizes that state registration serves as an external indicator of rights, providing protection and stability to transactions regulated by civil law. Special attention is given to historical models of registration, namely, the German and French systems that demonstrate differing approaches. Contemporary Russian legislation combines elements of both systems, facilitating a flexible regulation of relationships in the real property sector. The author investigates key issues within the theoretical framework of state registration. They include the object of registration (whether it pertains to rights or transactions), the legal nature of registration (the principle of entry versus the principle of opposability), the potential for contesting entries within the registry (negative versus positive systems), the principle of public authenticity and its impact on the protection of bona fide purchasers, as well as the degree of transparency within the registry (the principle of publicity). A critical assessment of judicial practices reveals a tendency to overlook the principle of public authenticity, often imposing additional verification requirements on property purchasers regarding the rights of sellers. The paper proposes legislative amendments aimed at enhancing the protection of bona fide participants in transactions. In conclusion, the author asserts that state registration serves as a fundamental mechanism for reinforcing property rights, thereby ensuring a balance between the interests of owners and purchasers. The effectiveness of this system hinges on a clear definition of its legal nature and the consistent application of registration principles.

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