Alienation of property involves the transfer of things into the property of other persons, as well as the right to own it, including the rights expressed in securities. Denial of the right to property, transfer of things for use, granting a temporary right to use property, intellectual property, and also granting rights to alienation in the future is not an alienation.
Only things, money, rights are subject to alienation. Services and intellectual property cannot be alienated .
The grounds for the emergence of property rights may be: the manufacture of things for themselves; the acquisition of things on the basis of agreements of gift, barter, sale, as well as other transactions; inheritance; appropriation of the found property. The right of ownership may transfer to both movable and immovable property. The list of immovable property, as well as movable property, to which the right of ownership may be fixed, which is enshrined in legislative acts, is not exhaustive.
In case of refusal or loss of ownership of the thing, its destruction, as well as alienation by the owner of the thing to other persons, in other cases, the right of ownership ceases.
According to the law, the alienation of immovable property is possible in connection with the seizure of the corresponding plot on which it is located in case of improper use of land or the need to use it for state needs.
Alienation of property is carried out on the basis of agreements: gift, sale, exchange, and others. At the conclusion of the contract of sale, the selling party transfers the thing into the property of the buyer, who, in turn, accepts the goods and pays its cost. The same rule applies to the sale of property rights.
In case of alienation under an exchange agreement, one person transfers ownership of his goods to another in exchange. Moreover, each of the parties is actually a seller and a buyer and agrees to transfer its goods and accept the goods of another person.
Under a gift agreement, the donor transfers property or the right to property to the donee free of charge or relieves him of property obligations to himself or a third party related to the transaction.
Alienation of property may be expressed in the form of a donation, which is understood as its gift for socially useful purposes. Thus, donations are transferred to various social protection institutions, educational institutions, hospitals and other medical organizations, charitable and religious organizations, citizens, and enterprises.
When the redemption price specified in the agreement is paid under the lease agreement, and also after the lease expires, the leased property becomes the property of the tenant.
Alienation of property under an annuity agreement provides for the transfer by the recipient of the annuity of property to the person paying the annuity, who, in turn, periodically pays a certain amount of money for its maintenance. According to the contract, the rent can be constant, that is, unlimited, or lifelong. An annuity contract must be notarized, and if the property is immovable, the contract is subject to state registration. Alienated property for annuity payment may be transferred to the ownership of the annuity payer for free or for free. For a paid transfer, the sale and purchase rules apply, and for a free transfer, the rules of the gift agreement.
Property may also be alienated by foreclosure on it for existing obligations. This mainly happens by court order. In this case, the right of ownership ceases from the moment of transferring it to another person, who in turn has a right of ownership to this thing.
Alienation of land cannot be carried out without good reason. Its owner must be warned in writing of alienation for state needs by repurchase no later than one year.
When the withdrawal of land for state needs without termination of ownership is impossible, property may be seized through redemption or sale at public auction.
However, if at the court the state body cannot prove that the land cannot be alienated without terminating the ownership of it, then seizure is not possible.