Поставьте к тексту 10А 8 вопросов.

Перескажите текст 14A.

 

 

16. Прочтите, переведите текст 14B и сформулируйте основную мысль каждого абзаца:

 

Text 14B

The concept "plant of the real estate"

 

The legislatively established definition of the real estate has common character and does not contain rules and features which can help to distinguish certain plants of the real estate in the real property in general. That is the reason that now it is impossible to isolate such plants of the real estate, as forest and long-term green plants. Obviously therefore the operating real estate market is restricted to plants of the real estate, isolation of which is possible on the basis of a usual business turnover. To such plants of the real estate refer: land lots, buildings (primary plants оf the real estate), apartments, residential and uninhabited premises (secondary plants of the real estate).

This situation is indirectly legislated by the law "On state registration of the rights on real property and transactions with it." The practical significance for the operating real estate market of such plants of the real estate, as land lots, buildings and premises (flats), and legislative determinacy of rules of state registration of the rights on them allows to make a conclusion that problems of regulating the relations between the owners of these types of plants of the real estate should be first of all solved. That's why there is a necessity of rules installation, on the basis of which land lots, buildings and premises (flats) can be isolated as the plants of civil rights.

The law establishes that the rights on the real things belong to state registration. Thus plants of the real estate have the dual nature: on the one hand they are legal objects, and on the other they are the physical plants, strongly linked to land. To define concept "plant of the real estate", it is necessary to define, whether any land lot or plant, strongly linked to land, should be considered as plant of the real estate. In all these cases a possibility of plant selection of the real estate depends on its assigning.

As the land is a substance of the real estate, property legal relations linked to the real estate, are defined first of all by forms of the landownership. It is not by chance that the problem of the right of landownership during the twentieth century was and for the present remains in our country an object of bitter confrontation of different political forces in desire to influence on social and economic system of future Russia.

In the foreign practice the list of authorities concerning land includes 8 elements:

- the right on the income, which is given by the realization of the right of use and dispose of land;

- the right on disposal, consumption, expenditure at own discretion down to an extermination of a thing (except for land);

- warranty from expropriation, or right on security;

- the right to transmit land lots;

- termless possession;

- inhibitory actions to use land in harm to other people;

- possibility of exemption of a lot as a payment for the unpaid debt;

- residual principle, i.e. existence of standards and rules providing restoration of the outraged rights.

Abovementioned and other elements describing concept of landownership, in combination with the rights of possession, use, disposal suppose existence of about 1500 variants of the property rights. Therefore, according to world practice the concept of the landownership should be considered as a complex of the land and property rights regulating particular conditions of land use.

 

 

Прочтите и письменно переведите текст 14С

 

Text 14C

Land Property Relations

 

At any social and economic formation the society remains the principal owner of a territorial – land resource delegating to particular land users separate functions and open for modification rights on usage of the land property. Therefore all system of the land-property relations has mainly limitation character restraining the rights of separate owners in a favor to public interests.

The land-property relations are a part of a special social and economic category not only because of specificity of land as a unique plant of universal multiple-objective interests, but also by virtue of a duality of state of the land fund participating in public reproduction as the natural factor and goods at the same time. Accordingly the set of public interests concerning land can be divided into 2 groups: 1) interests concerning efficient assimilation of natural properties of a land resource (technological aspect); 2) interests concerning money-goods parameters of the landownership (social and economic aspect).

Allocating resources the first group of public interests is guided by parameters of functional – economic structure of land fund: scales, proportions and priorities of its allocation depending on a degree of economic assimilation; aspects and categories of lands; types of their target usage; intensity of maintenance and productivity of lands, their geological and ecological state. The public and individual interests of this group will usually be synchronized with maintaining of the most efficient functional – economic structure of the territorial land fund, and the originating contraventions have non-antagonistic character. As a rule they are solved on the basis of market self-regulation.

The second group of public interests is directed to social and economic structures of the landownership depending on composition, combination and proportions of its particular forms. Here we talk about proportions of the landownership of the state, local authorities, different types of enterprise structures, different groups of the population, foreign land tenants. Thus interests of the society are oriented on optimal, from the point of view, usage of land resources, and interests of the owners by giving to them the acquired property rights on land irrespective of effectiveness of its maintenance. As a result of contravention between interests of different levels and groups of the population sometimes there are serious conflicts.

 

 

18. Прочтите и письменно переведите на русский язык текст 14Д:

 

Text 14D