The right of common property - Civil law

The right of common property

The concept, grounds of occurrence and types of common property.

The property may belong to several persons (co-owners) on the basis of ownership. In this case, the subjects have the right of common ownership. There is a common share and shared property.

Share ownership - is the finding of property in common ownership with the definition of shares, as co-owners have not real parts of common property, but shares in the right to it, i.e. ideal shares .

A shared ownership can arise according to the law, the contract, by inheritance and by virtue of acquisitive prescription. For example, by virtue of paragraph 1 of Art. 290 Civil Code for apartment owners in an apartment building on the right of common share ownership belong to the bearing structures of the house, mechanical, electrical and sanitary equipment outside or inside the apartment, serving more than one apartment. Or another example: but to the contract of a simple partnership (a joint activity agreement), the property contributed by the comrades, which they possessed on the right of ownership, as well as the products and activities received from such activities and the fruits and incomes received from such activity are generally recognized as their common share property item 1 of item 1043 ГК).

Shares of participants, if they can not be determined on the basis of the law and are not established by the agreement of the participants, are considered equal. However, the participants in the shared ownership under the agreement are entitled to change the shares taking into account the contribution of each of them to the common property. The increment of the share may also be related to the implementation by one of the participants of the inseparable improvement of the common property.

Shareholders own shares under a general agreement. Each participant has the right to dispose of his share (sell, donate, bequeath, pledge). When selling a stake to an unauthorized person, the other owners, who have been notified in writing of the sale, have the pre-emptive right to purchase the sold stake at the price for which it is sold and other things being equal. This right is not applied when selling a stake from a public auction. In the event of violation of this right, any participant in a shared property is entitled to demand, within three months, the transfer of the rights and obligations of the buyer to the court. A participant in the common equity ownership has the right to allocate in kind its share or receive compensation for it by agreement with other owners or by court.

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