Civil-law regulation of the emergence of shared ownership in real estate objects

Автор: Suvorova E.Yu.

Журнал: Теория и практика общественного развития @teoria-practica

Рубрика: Право

Статья в выпуске: 8, 2024 года.

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The article examines the features and mechanisms of the emergence of shared ownership in real estate objects based on an analysis of scientific literature and law enforcement practice. In the course of the study, the author revealed that for the emergence of legal relations of common shared ownership, it is necessary to comply with formal conditions and the direct expression of the will of the sole owner of the property, or the consent of all co-owners of such common property. In Russian law, the mechanism of commingling real estate is not possible, as it results in the legal demise of the property. Meanwhile, in doctrine and law enforcement practice, there are concepts of inseparable improvements in property, which also do not entail the emergence of common shared ownership. This pertains to changes made by a lessee to the landlord's real estate. Conclusion dwells upon the fact that the grounds for the emergence of shared ownership are clearly defined by current Russian legislation and do not imply any expansion.

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Common shared ownership, ownership interest, objects of civil law, ownership right, inseparable improvements, immovable things, mixing of homogeneous things

Короткий адрес: https://sciup.org/149146064

IDR: 149146064   |   DOI: 10.24158/tipor.2024.8.22

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