Joint Property - Civil Law

Joint Property

By virtue of paragraph 3 of Art. 244 CC general ownership of the property is shared, except in cases when the law or the contract provides for the formation of joint ownership of property. There are two types of such property: common property of spouses (Article 256 GK) and property of a peasant farms (article 257 GK).

The co-ownership mode is the legal regime of the property of the spouse. This regime is valid unless the marriage agreement establishes otherwise (paragraph 1, Article 33 of the UK). Since spouses can be members of a peasant (farming) economy, the law (clause 2, Article 33 of the UK) establishes that their rights to own, use and dispose of property that are the joint property of such a farm are determined by art. 257 and 258 GK.

The joint property of spouses is the property acquired by them during the marriage. This includes the income of each of the spouses from work, business activities and the use of intellectual property results, their received pensions, allowances, as well as other cash payments that do not have special purpose (amounts of material assistance, amounts paid in compensation for damages in connection with loss of efficiency due to injury). The common property is also things purchased (at the expense of the total income of the spouses, movable and immovable), securities, shares, deposits, stakes in the capital, regardless of which spouse they are purchased or contributed to. The right to the common property of the spouses also belongs to the one who during the marriage carried out housekeeping, caring for children or for other valid reasons did not have an independent income.

Separate property of the spouses is the premarital property of each of them, the property obtained by one of them during the marriage as a gift or in the order of inheritance, as well as things of individual use , shoes, etc.), with the exception of jewelry and other luxury goods, although acquired during the marriage period at the expense of general revenues. However, the property of each of the spouses can be recognized as their joint property, if it is established that during the marriage, at the expense of the common property of the spouses or personal property of the other spouse, investments were made that significantly increased the cost of this property (overhaul, reconstruction, .p.).

The exclusive right to the result of intellectual activity that belongs to the author of such a result (Article 1228 GK) is not included in the common property of the spouses. However, the income derived from the use of such a result is the joint property of the spouses, unless otherwise provided by the contract between them (clause 3 of Article 256 of the Civil Code).

The common property of the spouse is owned, used and disposed of by mutual agreement. A transaction of one of the spouses by order of their common property is presumed made with the consent of the other spouse. However, with the disposal of real estate and the completion of a transaction requiring notarization or registration, it is necessary to obtain a notarized consent of the other spouse (paragraph 3 of Article 35 of the Criminal Code).

In recent years, one of the most acute was the issue of the rights to the conjugal living quarters of some of the family members in the event of the alienation of such living quarters. Paragraph 4 of Art. 292 of the Civil Code provides that the alienation of a dwelling place in which the members of the family of the owner of the given dwelling who live under guardianship or guardianship are living or who have remained without parental care minor family members of the owner (as is known to the guardianship and trusteeship authority), if the rights or protected by law interests of the said persons are allowed only with the consent of the guardianship and trusteeship authority.

Checking the constitutionality of paragraph 4 of Art. 492 CC, the Constitutional Court of the USA in its Resolution of 08.06.2010 No. 13-P has recognized this clause in the part determining the order of alienation of a dwelling in which the minor members of the family of the owner of the given dwelling live, if their rights or interests protected by law are affected , not in accordance with the Constitution, tch part 2 of Art. 38, part 1 of Art. 40, part 1 of Art. 46 and part 2 and 3 of Art. 5 insofar as the regulation contained therein - in the sense given to it by the established law enforcement practice - does not allow for the resolution of specific cases involving the alienation of residential premises in which minors live, to ensure an effective state, including judicial, protection the rights of those who are not formally referred to those under guardianship or trusteeship or to the remaining (according to the guardianship and trusteeship authority at the time of the transaction) without parental care, but either actual Eski deprived of his at the time of the transaction for the disposal of premises, or is considered to be in the care of the parents, provided, however, that such a transaction - in spite of the statutory duties of parents - violates the rights and lawful interests of the minor

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In the joint ownership of the peasant (farming) economy are the land or land acquired in the ownership of this farm, the economic and other constructions, meliorative and other structures, productive and working cattle, poultry, agricultural and other machinery and equipment, vehicles, equipment and other property acquired for the economy by the common means of its members. The common property is also the fruits, products and income received as a result of the activities of the farm.

The joint ownership area (both marital and farm) occurs after the preliminary determination of the share of each owner. In other words, the division of joint ownership is preceded by its transfer to the equity. At the same time, the share of spouses in the common property when it is divided and the procedure for such a division is established by family legislation (clause 4, article 256 of the Civil Code).

The real share allocation in kind depends on the divisibility of the joint property object. With the consent of the owner, the remaining owners can be compensated instead of a share of his share in kind. When a peasant (farmer) economy of one of its members leaves the land plot and the means of production belonging to the household, this section is not subject to division. The person who leaves the household has the right to receive monetary compensation commensurate with his share in the common ownership of this property.

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