The right of common property, The concept and attributes of...

The right of common property

The concept and features of the right of common ownership

Depending on the number of entities to which certain property belongs on the right of ownership, I distinguish two types of property: one-object - the property right belongs to one person, be it a citizen, legal entity, state or municipality; multisubject (general) - the property is owned by two or more persons (co-owners) who jointly exercise the proprietor's rights. Distinctive features of the right of common property are: 1) common property; 2) plurality of subjects of ownership of this property.

Relations of common property can arise between any subjects of ownership (physical and legal persons, state and municipal entities), and in any combination. There is no common ownership of property, if it consists of several components, each of which has its owner.

Basic types of common property rights

Distinguish shared equity and common joint property. At the same time, common ownership with the participation of citizens can be both shared and joint, and with the participation of state and municipal entities - only shared.

A shared ownership is the finding of property in common ownership with the definition of shares. In this case, the shares of participants are considered equal if they can not be determined on the basis of the law and are not established by agreement between the participants. The share ownership can arise under the law, the contract, by way of inheritance and by virtue of acquisitive prescription. For example, according to 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.

Participants in shared ownership dispose of it 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 on other equal terms (this right is not applied to the sale of shares from public auction). In case 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.

The law determines the fate of improvements in common property produced by one of the owners. If these improvements are separated without significant damage to common property, then they do not apply to the rules on common property: they are the property of the person who produced them. Inseparable improvements entitle the participant to demand a corresponding increase in his share in common property (clause 3 of Article 245 of the Civil Code).

Joint ownership (without determining the shares). The share of the joint ownership in the common property is not determined in advance. It is established at division between participants of the joint property, and also at allocation of a share of one of them. There are the following main types of joint ownership:

common property of spouses (article 256 GK). This property is acquired by the spouses during the marriage. The spouses own, use and dispose of common property by mutual consent. A transaction of one of the spouses by order of their common property is presumed made with the consent of the other spouse;

property of a peasant ( farm) farm (Article 257 GK). In such ownership there are the economic land or acquired land plot, economic and other constructions, meliorative and other structures, productive and working cattle, poultry, agricultural and other machinery and equipment, vehicles, inventory and other property acquired for the farm on common means of its members.

The section of joint ownership (both marital and farmer) occurs after a preliminary determination of the share of each owner. In other words, the section of joint ownership is preceded by its transfer to the equity. The actual allocation of a share in kind depends on the separation 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 leaving the farm has the right to receive a commensurate monetary compensation.

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