PROBLEMS OF THE LEASE FOR CONSTRUCTION PURPOSES IN CASE LAW AND THE BILL ON INTRODUCING THE BUILDING RIGHT INTO RUSSIAN LAW

Abstract

The article discusses the reasonableness of introducing into Russian law a new limited real property right to the land plot – the building right, proposed for adoption in the bill on the property law reform. Based on the analysis of the recent case law related to the lease for construction purposes, the author compares this institution with the new building right, examines the shortcomings of the lease and assesses how the building right, as it is drafted in the bill, may contribute to their elimination. The author also assesses the prospects for the property law reform and provides suggestions for possible revision of the regulation of the building right provided for in the bill.