In life there are such events, when the thing or property do not refer to one person.Owners of private property are several persons.It is in this case there is a right of common ownership.It sold for various reasons - inheritance, marriage and privatization, moreover, in a joint venture for the construction of a home or joint acquisition of a thing.
subject of common property serves a thing individually defined properties or a combination of these things.In addition, the object is considered the type of ownership and organization may be a whole as a property complex, which is used for carrying out economic activities.The right of common property is characterized by a multiplicity of subjects that require special regulation by the regulatory norms.This is to ensure that the will of subjects of common property has been agreed.Interlocking relationships with third parties and co-owners are also the place to be in the common ownership.
forms of common property rights are secured by the legislation of our country.Thus, there are two categories of competences of common ownership.They are referred to as types of common property rights - shared ownership and shared.Pai in the right of this type of property is characterized by the subject to which it belongs.The co-ownership share of its general-purpose entities are not fixed, they are allocated only when there is a division of property or the allocation of a specific thing specific person.
From this, one can often find a definition of this type of property as bezdolevaya.There is no doubt that the division of property of each of the participants is the share in the common property.It is more difficult to decide on the legitimacy of this share.The law stipulates that the owner of the property owns a stake in the entire property.Such an approach to disclosure, the powers of the subject of shared ownership, general purpose has merit.Firstly, they say that the entitlement of each owner is not limited to a fixed part of the common property, and has effects on the entire thing.Secondly, there is a direct indication of the fact that the object of powers appears item.Third, as the powers of other owners also apply to the property as a whole, the question of what property is mnogosubektnoy does not arise.
But attempts to uncover the essence of powers, which belongs to the participant of this type owned by the ideal or real share less fortunate.The real share - a physically separate part of the property that belongs to someone from the co-owners.This design results in a change of ownership of odnosubektnuyu mnogosubektnoy.And the essence of the common property is that several actors acquire the powers of ownership of the same material objects.
totally unsuitable and shape of an ideal share, which translates entitlement to share in the property to the expression value.It leads to the elimination of things as the object of joint ownership, and as a result, changing the rules of engagement of this type.These designs do not reveal the concept of common ownership and lead to the liquidation of the common property as a separate legal institution.Fractional ownership of general purpose arises on grounds defined by law or contractual relations.Note that the list of grounds specified in the law, is not exhaustive.In addition, under the agreement of the participants of this type of property in the case of not having the consent of a court of law in the common property may be the procedure for shared ownership.
Thus, it turns out that can occur with the concept of transfer of property to joint equity ownership in the order of general purpose.This is a summary of the concepts in jurisprudence as the right of common ownership.
