Agreements between co-owners in the common ownership law: a legal qualification

The research analyzes the legal nature of an agreement between persons involved in common ownership. The author proves that in theoretical and practical terms the most proper legal qualification of agreements between co-owners should be based on the corporate rather than the real concept of perception of co-ownership relations, therefore, the above-mentioned instruments are regarded as resolutions of meetings. The author makes this conclusion basing upon the literal interpretation of legislation, the analysis of the jurisprudence and practices of foreign countries. An advantage of the legal qualification of agreements between co-owners as resolutions of meetings is the possibility to unify the interpretation of the legal nature of common ownership relations and eliminate the gap in the law. Such an approach allows co-owners to be guided by the provisions of Chapter 9.1 of the Civil Code of the Russian Federation when making decisions as well as to invoke these provisions when challenging the decisions.