The problem of protecting the rights of minors in the exercise of the creditor'S right provided for in Article 255 of the Civil Code of the Russian Federation

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The article is devoted to the study of the issue of foreclosure on a share in immovable property, co-owners of which are minors, within the framework of Article 255 of the Civil Code of the Russian Federation. The authors point out that this legislative norm is imperfect and requires additional provisions. It is noted that the lack of a unified legislative approach in civil and family legislation on the issue of forced sale of the share of a family member - the debtor in real estate, co-owned by a minor, may give rise to a violation of the rights of the latter. The conclusions made in this article aim to draw attention to the need for substantial improvement of legislation in this area. The authors propose ways to solve this problem, where a balanced approach to the rights of minor co-owners and the rights of the creditor plays a key role.

debtor \ creditor \ share \ immovable property \ joint property \ co-owners \ rights of a minor

Short address: https://sciup.org/14136230

IDS: 14136230   |   UDC: 347.9   |   DOI: 10.23672/SAE.2023.34.25.035