The right of common shared ownership is characterized by the fact that the right of ownership, extending to all common property as a whole, belongs in appropriate shares to several persons. So, when it comes to shared ownership, some share is allocated here.

Determination of shares in the right of common shared ownership

This follows from the very name “common shared ownership”. Each co-owner owns a share in the right of common ownership, and not in the property. In accordance with the current civil legislation (clause 2 of Article 244 of the Civil Code of the Russian Federation), the share of owners in common property is understood as an arithmetically expressed share in the subjective right of ownership of all common property. The expression “share in right” cannot be understood in the sense of a material share of a thing, since it cannot be indicated. Common property cannot be considered as a set of shares of the property right itself. In reality, the right of ownership is one in itself and belongs inseparably to all subjects. It extends to the whole thing.

If the share of each subject of common ownership is determined in kind (allocated in kind), the right of common shared ownership will cease and the right of ownership of each subject to a new property will arise.

The procedure for determining land shares in the process of privatization of lands of agricultural enterprises and the formation of common ownership of these lands is determined by laws and regulations.

In the Regulations on the reorganization of collective farms, state farms and the privatization of state agricultural enterprises, it was established that the size of the individual land share is established regardless of labor contribution and work experience and is determined in physical and monetary terms. This means that the shares of all participants in common ownership of land in agricultural commercial organization are equal. Legal regulations allow the purchase and sale of shares by another participant in the common property. Therefore, the number of land shares of owners may not be the same.

Exercise of the right of common shared ownership

Article 246 of the Civil Code of the Russian Federation “Disposition of property in shared ownership” provides for different procedures for the disposal of property in shared ownership and shares in the ownership of this property. In the first case, an agreement of all participants in the common property is necessary; in the second, a participant in shared ownership has the right to dispose of his share at his own discretion. When disposing of common property, the following principle applies: one participant in the right of common ownership - one vote. The size of the share is not taken into account; a unanimous decision of all co-owners is required. If there is no unanimity, the dispute may be resolved by the court based on the claim of any of the co-owners. To dispose of shares, according to general rule, the consent of other co-owners is not required. A participant in shared ownership may, at his own discretion, sell, donate, bequeath, pledge, etc. its share in property rights. In case of paid alienation, the pre-emptive right to purchase a share by the participants in shared ownership applies (Article 250 of the Civil Code).

The list of transactions that a participant in shared ownership has the right to make with his share is not exhaustive. In the Federal Law "On the turnover of agricultural land" this list is supplemented by the right to contribute a share in the right of common ownership of land plot from agricultural lands to the authorized (share) capital and the right to transfer the share to trust management. A special mention of the right to contribute a share to the authorized (share) capital is quite justified. The division of agricultural land into land shares is directly related to the creation of new organizational and legal forms of agricultural production. Contribution by participants of common property at their own discretion of a land share into the authorized (share) capital may be one of the sources of the formation of this capital.

In terms of its content, the right of common property is very rich; it consists of two components. These are the shared powers of the subjects to own, use and dispose of the object and the powers of each individual subject to own, use and dispose of the shares belonging to it (Article 247 of the Civil Code). Thus, ownership and use of property is carried out by agreement of all its participants, and if at least one of them objects, in the manner established by the court. A participant in common shared ownership has the right to own and use not only all the property as a whole, but also its separate part, which must be proportionate to his share. If the owner does not have the opportunity to own and use part of the property that is in common shared ownership, he has the right to demand compensation from other participants who own and use this property.

As already noted, co-owners must exercise their powers by mutual agreement, however, each of them is free to make the decision to terminate participation in the right of common shared ownership. He has the right to bequeath, donate, sell or otherwise dispose of his share, without going beyond the current rules defined by law or agreement. At the same time, none of the subjects can force any of the co-owners to dispose of their shares. The choice of option depends, as a rule, on the object of the common property right. Indivisible things are naturally used as a whole. For example, complex, expensive equipment acquired into the common ownership of two or more agricultural producers is used by each of the co-owners for a certain time in accordance with the share of ownership. Family members who have an apartment in common shared ownership use some of the premises separately, and some jointly.

Article 248 specifies Art. 136 of the Civil Code "Fruits, products and income" in relation to shared ownership relations. Two features characterize the order of distribution of fruits, products and income received from the use of property that is in shared ownership: 1) fruits, products and income are included in the common property that is in shared ownership; 2) they are redistributed among the participants in shared ownership in proportion to their shares.

The rule on the procedure for distribution of fruits, products and income received from the use of property in shared ownership is among the dispositive ones. It applies unless the participants have established a different order. In cases where, by agreement, co-owners alternately use common property, the fruits, products and income may become the property of each co-owner using the property, for example, complex agricultural machinery. In this case, the duration of use may depend on the size of the share in the common property right. If a land plot in shared ownership is leased to an agricultural producer, then the resulting products belong to him, and the co-owners receive rent as income from this transaction. Each of the co-owners of residential premises, which they rent to other persons for living, has the right to receive part of the payment stipulated by the contract in proportion to his share in the common ownership of this residential premises.

The size of the shares of co-owners is of decisive importance not only when owning and using common property, distributing fruits, products and income, but also when incurring expenses for its maintenance. Each co-owner is obliged to participate in the costs of maintaining the common property in proportion to his share.

Expenses for maintaining common property can be classified into two groups. Firstly, these are taxes, fees, and other obligatory payments levied in the amounts established legal acts(for example, land tax, property tax). If one of the participants in shared ownership has incurred these expenses not only for himself, but also for other co-owners, he has the right to recover these expenses from them in proportion to his shares in ownership. Secondly, these are payments made by co-owners by mutual agreement, as well as costs for the maintenance and preservation of common property. This includes costs for insurance, repairs, and protection of common property. These expenses must be made by agreement of all participants in the common property, since maintaining the property in proper condition is component possession and use of it (Article 247 of the Civil Code). Therefore, if one of the co-owners incurs expenses related to the second group, he will not have the right to recover them from the other co-owners if they object to these expenses. For example, if one of the participants in shared ownership of a residential premises puts it under security, he will not be able to oblige the other co-owners to participate in bearing the corresponding expenses. By agreement, some co-owners can assume the payment of expenses for the maintenance of common property that fall on the shares of other co-owners.

To protect the interests of co-owners who retain ownership after the other or others exercise the right to complete a transaction and finally transfer their share, the legislator granted them the right of first refusal in all cases, except for sale at public auction (Article 250 of the Civil Code). In the case of a gift or inheritance, there can be no talk of any advantages for other co-owners. According to Art. 250 of the Civil Code, when selling his share, the participant in shared ownership must notify the other co-owners in writing about this, indicating the price and all other conditions. One of the co-owners who is ready to purchase a share in compliance with all the proposed conditions can exercise his pre-emptive right to purchase. If it turns out that two or more co-owners are ready to enter into a purchase and sale agreement, the right to choose a buyer is given to the seller. The share received under the agreement passes to the buyer from the moment of conclusion of the agreement, unless otherwise provided by the agreement, and in the case of the purchase and sale of a share in the right to residential premises and in all other cases when the agreement is subject to state registration - from the moment of registration (Art. 251, clause 2 of article 223 of the Civil Code). The legislator has imperatively established the time period within which a co-owner can express his intention to purchase a share: if a share in the right to real estate is sold - 1 month, and for movable property - 10 days. The beginning of the period is the day of notification in writing to interested parties about the upcoming sale. Such terms cannot be restored. Refusal to exercise your right of first refusal does not have to be in writing, since such right is lost upon expiration of the period. The advantage of a written refusal is that it is valid from the moment it is received.

In accordance with paragraph 5 of Art. 250 of the Civil Code, the rules on pre-emptive purchase also apply when alienating a share under an exchange agreement. However, when it comes to a share in the right to residential premises, for example, a room exchanged for a similar but more suitable one, and in other similar cases, it is extremely difficult for a co-owner to exercise his preemptive right. The fact is that the object of exchange offered by him must be no less attractive than that provided by an outside entity - a third party. If the pre-emptive right to purchase is violated and the seller’s share is transferred to an outside entity, any of the co-owners can, within three months, file a lawsuit to transfer the rights and obligations of the buyer to him. As is known, the right of disposal consists not only in the possibility of alienation. Issues of leasing an object of common property, transferring it as collateral and other co-owners must be resolved by mutual agreement, as well as issues of common ownership, use and disposal. In cases where subjects of common shared ownership have disagreements regarding ownership and use, the procedure can be established by the court (clause 1 of Article 247 of the Civil Code). Regarding the disposal of common property, subjects are not given the right to go to court and can only reach agreement independently.

Since common property can generate income and, in turn, requires certain expenses to maintain or improve its condition, it becomes necessary to establish the share of participation in such expenses and income of each owner. It is logical and fair to determine it in proportion to the share in ownership. At the same time, the legislator gives subjects the right to establish the procedure for the distribution of fruits, products and income from the use of property that is in shared ownership (Article 248 of the Civil Code). It should be noted that shares in the right can either decrease or increase depending on the circumstances to which the legislator attaches legal significance. Thus, a participant in shared ownership can increase his share if he, at his own expense, makes inseparable improvements to the common property in compliance with the current procedure for its use. For example, in the interests of all owners who wish to use country house in winter - make steam heating. This, in turn, means that the scope of powers of each of the subjects changes: one increases, and each other, accordingly, decreases (Clause 3 of Article 245 of the Civil Code). At the same time, when deciding general issues, they will enjoy equal voting rights, regardless of the size of their shares.

A participant in shared ownership has the right to be provided for his possession and use of a part of the common property commensurate with his share (clause 2 of Article 247 of the Civil Code). For example, a specific room may be assigned to it - as part of a living space. If it is impossible to allocate property, the subject has the right to demand from other participants who own and use the property falling on its share, appropriate compensation (clause 2 of Article 247 of the Civil Code).

The legal regime of common property of apartment owners in apartment building. In accordance with Art. 289 and art. 290 of the Civil Code, each such entity, along with the premises occupied as an apartment belonging to it, also owns a share in the ownership of the common property of the house: common premises (attics, basements, staircases, etc.); load-bearing structures of the house; mechanical, electrical, plumbing equipment outside and inside the apartment, if it serves more than one apartment. Each of the subjects of common property in an apartment building is obliged to participate in the costs associated with the operation and repair of common property, paying taxes and fees in proportion to their share. In turn, the share is established in proportion to the residential space owned by the subject, unless otherwise determined by agreement or general meeting. It is quite obvious that the use of common property infringing on the interests of any of the co-owners is unacceptable. The legal fact underlying the emergence of ownership rights to such common property is the acquisition of ownership of an apartment or other residential, as well as non-residential premises in a house through purchase, exchange, donation, inheritance, full payment of a share in a cooperative house or privatization

One of the grounds for the emergence of common property is the creation of a simple partnership. Unlike organizations formed in the form of a legal entity, a simple partnership is created by concluding an appropriate agreement (sometimes called an agreement on joint activities) and pooling contributions (Article 1042 of the Civil Code). In accordance with paragraph 1 of Art. 1043 of the Civil Code, property contributed by partners that they owned by right of ownership, as well as products produced as a result of joint activities and fruits and income received from such activities are recognized as their common shared property, unless otherwise established by law or a simple partnership agreement or follows from the essence obligations. The volume of the contribution affects the distribution of profits and expenses between the participants in the common property. Deposits are assumed to be equal in value, unless otherwise stated (clause 2 of Article 1042 of the Civil Code).

Property may be in common ownership with the definition of the share of each of the co-owners or without defining such shares - joint property.
Common ownership of real estate is considered shared, except for cases where the law provides for the formation of joint ownership of this property.
Joint property is the property of members of a peasant (farm) household, as well as property acquired by spouses during marriage, regardless of in the name of which of them it was acquired. Upon state registration of joint property, one certificate of state registration of rights is issued, which indicates all co-owners. Joint ownership in all cases can be converted into shared ownership. In this case, the shares are considered equal or are accepted by agreement of the owners, and if they do not reach agreement, by a court decision.
A share in a common property right is not a thing, a material object, but a right. In practice, the concepts of “share in common property rights” and “part of an immovable property” are often confused. A share in the right regulates the relations that arise when several persons take ownership of one thing - an apartment, a house, a plot. A right arises over a thing, and shares are determined in this right. The share in the right is expressed as a simple fraction (1/2, 1/3, 1/4) and means that the property as a whole belongs to several owners, while specific premises or parts of the property are not distributed among the owners.
Shares are determined in the right of common ownership, but not in the real estate itself. If we are talking about a share in the right, then the property as a whole belongs to several co-owners with the determination of their shares in the right of common shared ownership. If we mean a part of real estate, then the object of law will be a separate part of a residential building, consisting of specific premises, rooms, square meters living space. Part of the object may have one or several owners. A participant in shared ownership has the right, at his own discretion, to sell, donate, bequeath, pledge his share or dispose of it in any other way. However, when selling a share in the right of common shared ownership to an outsider, the remaining participants in the shared ownership have the right of first refusal to purchase the sold share at the price for which it is sold. In this case, the registration application must be accompanied by documents confirming that the seller of the share notified in writing the remaining participants in shared ownership of his intention to sell his share, or documents confirming the refusal of the remaining participants in shared ownership to purchase the share. Compliance with the right of first refusal is not required if the share in the right is sold to another participant in shared ownership or if the share in the right is donated.
A certificate of registration of rights is issued to each participant in common shared ownership, regardless of the moment when this right arose. If a citizen is the owner of a separate part of the house, then he owns, uses and disposes of his part solely, and when selling it is not necessary to offer to buy his share to a neighbor.
Article 252 of the Civil Code of the Russian Federation provides that property in shared ownership can be divided among its participants by agreement between them, and a participant in shared ownership has the right to demand the allocation of his share from the common property. If the participants in shared ownership fail to reach an agreement on the method and conditions for dividing the common property or the allocation of the share of one of them, the participant in shared ownership has the right to legally demand the allocation in kind of his share from the common property. If the allocation of a share in kind is not permitted by law or is impossible without disproportionate damage to property in common ownership, the allocated owner has the right to have the value of his share paid to him by other participants in shared ownership.
Common property apartment buildings(stairs, elevators, attics, basements, engineering equipment for servicing more than one apartment), as well as common areas in communal apartments has a special status. This property is not subject to separation and is not alienated separately from the ownership of an apartment or room in a communal apartment. The content of the right of shared ownership of common property is that the owners of premises have the right to use the common property and must bear the costs of its maintenance, commensurate with their share of participation.
A land plot can be divisible or indivisible. Divisible is a land plot that can be divided into parts if each of them, after division, forms an independent land plot; when using the plots, the category of land is preserved and the minimum size of the land plot established by law is observed. Land plots can be formed as a result of the owner dividing one plot into several plots, separating another plot from a plot, or merging adjacent plots. The formation of land plots is carried out in the process of cadastral work, the division of land plots is carried out through cadastral registration. Land management and cadastral work is carried out at the request of the owner of the site. If the land plot is built up, then when dividing it, the plots must be formed in compliance with the red lines, development control lines and in accordance with the requirements of town planning regulations. If, by agreement of the participants in common shared ownership or by a court decision, a division of the plot is made, then each of the right holders must apply for registration of the right to the plot allocated to him. To register with the Office, it is necessary to submit cadastral plans of the newly formed plots, a division agreement (agreement) or a court decision.

Determining a specific share in the right of common ownership is relevant for people who have to share an apartment with other owners. This happens quite often, and can happen, for example, thanks to privatization. Because how to participate in this process Not all citizens registered in the apartment can, and they will then have rights to the property. In any case, it may be necessary to determine the size of the share for each if you want to delineate the property.

Determination procedure

If several people have rights to an apartment at once, then such ownership can be of two options. It will be called joint if there is no clear demarcation of property. In this case, specific parts are not allocated to each person. However, the apartment may be in common shared ownership, and in this case it is determined who owns and how many square meters.

There are advantages in the situation when a person has a specific share. For example, he can sell it either to other owners or to third parties. You can also differentiate the payment of utility bills depending on the number of square meters owned by each owner. In any case, if the property is in common joint ownership, then specific parts will have to be determined for all citizens.

In total, two orders can be distinguished that allow you to achieve the desired:

1. By mutual agreement between the participants. They can independently determine who gets and how much. For example, parents may give up a portion to their children, or people will rely on who made what contribution to the apartment. In any case, it is important that all participants agree with the decision. Because if at least one of them expresses dissatisfaction, it will be necessary to turn to the second option of division.
2. In law. Here you will have to turn to the legislation in order to determine the shares in the right of common ownership. In this case, they will already rely on the regulations, as well as on certain documents that people will submit.

Please note that equal shares will be determined if it is impossible to allocate a specific apartment size for each participant. Also, a similar decision is made if the case relates to those prescribed by law. It also happens that the owners themselves express their consent so that everyone gets an equal share.

Important! If people themselves decide who will get what part, then it will be most convenient to allocate each a separate room. But, of course, this is not possible in all cases, because there may be more owners than separate premises.

Also, this option may not be considered for a one-room apartment. If it is impossible to do as described above, then it remains to decide who and how many square meters will get from the property.

About changing the share

Throughout life, it may happen that it becomes necessary to change the size of the share for a particular participant. Of course, this happens for a good reason, prescribed by law. Moreover, when the foundation occurs, a person may even demand that the size of the part he owns be changed.

A change in the share for one of the owners may occur in the following cases:

1. A material contribution was made aimed at improving the entire property.
2. There was a labor contribution of the participant to the change being implemented.
3. There is an opportunity to increase the share due to the increase and separation from the common property.
4. Other contributions and procedures associated with the increment.

As a rule, if there is a need to change the size of your share, this is due to the improvement of housing. In this case, there are both separable and inseparable changes. The first case includes situations where an addition to the property occurred without causing damage to the apartment or any damage to other owners. In this case, you can increase your legal share without even agreeing this moment with other property owners.

Inseparable improvements include any changes that increase the value of the home. For example, a person made expensive repairs, which increased the price of an apartment. In this situation, he may demand that his share be made larger in accordance with the money spent. However, you will definitely need to coordinate this point with other property owners.

Note that other owners may make different decisions, and they will not necessarily want to increase the part owned by the citizen. They have the right, for example, to pay compensation, which in size will be equal to the contribution to the property, directly to its improvement. In this case, the person will receive the money, but the size of the share will not change in any way.

When other owners cannot agree on whether to pay compensation or not, then they proceed as follows. A separable improvement is registered as the property of the co-owner who initiated it. Of course, with inseparable changes the situation is more complicated. Therefore, it may be worth contacting a judicial authority to resolve the problem.

What can you do with your share?

Partitioning an apartment opens up new opportunities for owners that are not possible with joint ownership. In particular, now every person has the right to dispose of his part and make decisions about it. Of course, he won’t be able to do anything with other people’s shares unless he buys them out.

A specific part can be sold by notifying each owner in advance. Note that often it is other owners who acquire a share. However, if they refuse, then it is permissible to look for a third party. But here it is important to take into account that the offered price cannot be more than the market price.

There is also the possibility of renting out the property, of course, we are talking only about a specific part. It will be convenient if a citizen has a separate room, because, for example, in one-room apartment it will be inconvenient for the tenant to live with strangers. The owner will be required to present to the notary documents confirming the right to part of the property. Then it will be possible to conclude a lease agreement.

In addition, you can donate your share, and the recipient can be either a relative or a stranger. There will be no need to notify other people about this, because they will not have the right to purchase a share. Therefore, it will be enough to register the deed of gift, after which it will take effect.

1. If the shares of participants in shared ownership cannot be determined on the basis of law and are not established by agreement of all its participants, the shares are considered equal.

2. By agreement of all participants in shared ownership, a procedure for determining and changing their shares may be established depending on the contribution of each of them to the formation and growth of common property.

3. A participant in shared ownership who has carried out inseparable improvements to this property at his own expense in compliance with the established procedure for the use of common property has the right to a corresponding increase in his share in the right to common property.

Separable improvements to common property, unless otherwise provided by agreement of the participants in shared ownership, become the property of the participant who made them.

Comments on Article 245 of the Civil Code of the Russian Federation

1. Unless otherwise follows from the law or agreement of the parties, the shares are assumed to be equal.

The presumption of equality of shares reflects the fact that, as a rule, participants in common property are connected by some commonality (kinship, comradely ties) that goes beyond the scope of economic relations. However, it does not mean that in any case where the shares are not expressly defined, they are equal. An agreement between the participants may establish that the size of the share depends on the participant’s contribution to the common property. In this case, the size of the share should be determined depending on the contribution.

The agreement may establish the procedure for determining the share. In this case, it becomes binding on the participants and they do not have the right to calculate the size of the share in a manner other than that specified in the agreement.

If the condition on the dependence of the size of the share on the contribution to the object of common property is not expressly stipulated, but the relations of the parties imply such a condition, the size of the share is determined taking into account the contribution by reaching an appropriate agreement, and if it is not reached, it is established by the court.

2. With regard to so-called contracts for shared participation in construction, in cases where changes to the object are expected during the construction process, the parties usually proceed from the fact that upon achieving the result, their shares will be calculated in accordance with the contribution made. However, unless expressly stated otherwise, the presumption of equality of shares remains in effect. For example, two entrepreneurs agreed to build a store and then work in it in shifts. There was no written agreement on the terms of construction. The store was built using joint funds, although the construction permit and the right to the land plot were issued to one of the participants. Considering the dispute that arose, the court recognized the right of each of the parties to a 1/2 share in the right of common ownership of the built store, without discussing the size of the actual contribution to the construction of each of the participants.

3. In the relations of participants in joint ownership, the presumption of equality of shares is manifested when transforming joint ownership into shared ownership, when dividing property. Derogation from equality of shares in this case is possible in cases provided for by law or by agreement of the participants in joint ownership (Article 39 of the Family Code).

4. A participant in shared ownership who has made separable improvements to the property at his own expense has the right to a corresponding increase in his share in the right to the common property. It is necessary to note two circumstances: the improvements affect the entire property, at least in accordance with the agreement on the procedure for use, each of the participants used only a certain part of the property, or some of them did not use it at all. Accordingly, the improvements referred to in Art. 245, will be considered improvements to the entire property, regardless of what part of the property they were made in - the one used by the participant or any other. Another circumstance is that improvements must be made in compliance with the established procedure for the use of common property. The establishment of such an order presupposes the achievement of general consent of the participants (Article 247 of the Civil Code of the Russian Federation). Therefore, those improvements that are contrary to the general will of the participants do not give the right to increase the share. An agreement to make improvements may not be expressed directly, but may arise from the conditions for the use of a common property. For example, if the agreement establishes that one of the participants places the heating system of the entire building in the premises allocated to him and ensures the connection of heating networks to installed system, then the work to install the heating system should be considered an agreed improvement and entitle to a corresponding increase in the share, since the heating system cannot be separated without causing disproportionate harm.

Improvements are not any changes to property, but only those that increase its consumer qualities and increase its value. For example, the installation of an additional exit, the construction of partitions, even if such actions were stipulated by agreement of the parties, can be considered improvements only insofar as they actually improved the consumer qualities of the building in general, from the point of view of a possible buyer, taking into account the existing requirements for this category of buildings , and not because they created conditions for its more convenient use in this current situation by these participants.

5. If a participant, without the consent of other participants, carries out necessary and urgent work aimed at maintaining common property in good condition or eliminating reasons that threaten its safety (repairing or replacing the roof, installing a fence, etc.), then the costs of such work may entail obligations of other participants for their compensation in accordance with the rules on non-contractual obligations (Chapter 60). In this case, the participant does not increase his share, but can acquire the right of claim against other participants as a creditor, up to and including foreclosure on the share in common property owned by the debtor (Article 255 of the Civil Code of the Russian Federation).

It does not give the right to increase the share and participate in the costs of maintaining common property (Article 249 of the Civil Code of the Russian Federation), including if one of the participants reimburses that part of the costs that the other participant must pay.

9. The concept and methods of exercising civil rights and fulfilling duties.

10. Concept, procedure and methods of protecting civil rights.

11. The concept of the legal capacity of citizens, its main features. Contents of legal capacity.

12. Full legal capacity of citizens. Emancipation.

13. Legal capacity of persons under 14 years of age.

15. Limitation of legal capacity of citizens who abuse alcoholic beverages or drugs (grounds, procedure, legal consequences of limiting legal capacity).

16. Recognition of a citizen as incompetent (grounds, procedure, legal consequences).

17. Guardianship and trusteeship. The concept and meaning of guardianship and trusteeship. Rights and responsibilities of guardians and trustees.

18. Place of residence of a citizen, its legal significance.

19. Conditions, procedure and legal consequences of recognizing a citizen as missing. Consequences of the appearance of a citizen declared missing.

20. Conditions, procedure and legal consequences of declaring a citizen dead. Consequences of the appearance of a citizen declared dead.

22. Classification (types) of legal entities.

23. Legal capacity of legal entities, bodies of legal entities.

24. General provisions on business companies and partnerships.

25. Full partnership. Partnership of faith.

26. Limited liability company as a legal entity.

27. Joint-stock companies as legal entities.

28. Legal status of representative offices and branches.

29. Characteristics of state and municipal unitary enterprises.

30. General characteristics of non-profit organizations. Legal status of the institution.

31. Reorganization of a legal entity (concept, methods, legal consequences).

32. Liquidation of a legal entity (concept, procedure for satisfying creditors’ claims.

36. Liquidation of a legal entity by declaring it insolvent (bankrupt).

37. Concept and types of objects of civil rights.

38. Things as objects of civil rights. Classification of things.

39. The concept of a security. Types, forms, types of securities.

40. Personal non-property rights and benefits, their types. Protection of honor, dignity, business reputation.

41. Concept, grounds and procedure for compensation for moral damage.

42. The concept of a transaction, features, functions. The difference between a transaction and other legal entities. Facts.

43. Classification of transactions.

44. Conditions for the validity of transactions.

45. Form of the transaction, consequences of its non-compliance.

46. ​​General provisions on the invalidity of transactions. The concept of invalidity of transactions. The moment from which the transaction is considered invalid.

47. Main and additional consequences of invalidity of transactions. Consequences of invalidity of part of the transaction.

48. Classification of invalid transactions. Transactions are void and voidable. Invalidity of an imaginary and feigned transaction.

49. Transactions with vices of will, form, content and subject composition.

50. Representation. Legal essence of representation. Application area.

51. Power of attorney: concept, content, form. Types and terms of powers of attorney.

52. The concept of term in civil law. Types of deadlines.

53. The concept and meaning of limitation periods. Application of limitation periods.

54. Duration, suspension and interruption of the expiration of limitation periods.

56. Concept and characteristics of real rights. Types of real rights.

57. Property as an economic category. Property rights in an objective sense.

58. Subjective right of property. Powers of the owner.

59. The moment of emergence of ownership rights of the acquirer of property. The burden of maintaining property, the risk of accidental loss of property.

60. Grounds and methods for acquiring property rights.

61. Grounds for termination of property rights.

62. The right of private property of citizens and legal entities. Objects of private property rights of citizens and organizations.

63. Concept, types and grounds for the emergence of common property rights.

64. Right of common shared ownership. The concept of a share in the right of common shared ownership.

65. Possession, use and disposal of property in common shared ownership.

67. Concept and types of limited real rights.

68. Property law methods of protecting property rights: vindication claim; negative claim.

69. The concept of obligation. Comparative characteristics of legal relations of property and obligations. Elements of obligation.

70. Grounds for the emergence of obligations: contracts, unilateral transactions, administrative acts, events, offenses.

71. Change of persons in an obligation (assignment of the right of claim, transfer of debt).

72. Concept and principles of fulfillment of obligations.

73. Subjects of fulfillment of an obligation (debtor, creditor, assignment of execution to a third party, execution to a creditor and a third party).

74. Place, method and deadline for fulfillment of obligations.

76. Penalty, its meaning. Types of penalties.

75. The concept of collateral. Types of collateral. The procedure for foreclosure on mortgaged property.

77. Surety. Liability of the guarantor.

79. Bank guarantee. The content of legal relations between the guarantor and the beneficiary, the guarantor and the principal.

80. Retention as a way to ensure the fulfillment of obligations.

81. Concept and types of civil liability (contractual, non-contractual, equity, joint, subsidiary).

82. Conditions of civil liability. Civil offense and its composition.

83. Scope of civil liability. Losses, their composition.

84. Concept and grounds for termination of obligations.

64. Right of common shared ownership. The concept of a share in the right of common shared ownership.

Common shared property is property that is in common ownership with the determination of the share of each of the participants and the right of the co-owner to receive a certain share of income from the use of the property, as well as his obligation to bear a certain share of the costs of maintaining the common property.

The share is expressed as a fraction or percentage. According to the Civil Code, the shares of participants are assumed to be equal, unless otherwise follows from the law, agreement or the essence of the relations existing between them.

The size of the share may change for various reasons: changes in the composition of participants, improvements to the property, etc.

According to the Civil Code, when improvements are made to the property in compliance with the established procedure, the participant has the right to increase his share in proportion to the increase in the value of the common property, if the improvement is inseparable or acquires ownership of a separable improvement without increasing his share.

According to the Civil Code, the exercise of the right of common shared ownership occurs by mutual agreement of all owners. If there is no agreement on issues of ownership or use of common property, each participant has the right to resolve the dispute in court. If there is no agreement on the disposal of common property, the dispute cannot be resolved by court.

A co-owner has the right to be provided with a part of the common property for his possession and use in proportion to his share, and if this is not possible, to demand appropriate compensation from other participants. The right of a co-owner to the share allocated to him for possession and use is real and, if properly formalized, enjoys protection from encroachments by the owners of other shares.

Each of the co-owners has the right to independently dispose of only their share in the right of common ownership.

Termination of the right to common shared ownership may have the following types:

· Division of common property; · Separation from common property.

During division, common property ceases for all its participants; during separation, it ceases for the one whose share is allocated.

The grounds and methods of division and allocation are different. Division and allotment can take place either by mutual agreement of the owners or by court decision. The allocation of a share can also take place at the request of creditors to foreclose on the property of a co-owner.

A participant in common shared ownership can withdraw from these relations by alienating his share to other persons, as well as by separating it or by dividing the common property.

65. Possession, use and disposal of property in common shared ownership.

The exercise of the right of common ownership occurs by mutual consent of all co-owners. If the co-owners do not agree on the ownership and use of common property, then each of them can go to court. The principle of mutual consent in the exercise of the right to dispose of common property must operate without any exceptions. When exercising the right of common ownership, in principle, it does not matter practically what share each of the co-owners has, although the size of the share must be taken into account when distributing the income and fruits brought by the common property, expenses and encumbrances falling on it.

In cases where a part of the common property is allocated for the possession and use of a co-owner, he, along with retaining the right to a share in the common property, also acquires the right to the part of the property allocated to him

To dispose of shares, including for its alienation, he must not seek the consent of other participants in the common property. The remaining co-owners have the preemptive right to purchase the alienated share. The seller of the share is obliged to notify the other co-owners in writing of the intention to sell the share to an outsider, indicating the price and other terms of sale. If the remaining co-owners refuse to purchase a share or do not acquire a share in the ownership of real estate within one month, and for movable property within ten days from the date of notification, the seller may sell the share to any person.

Common joint property. With regard to property acquired by spouses during marriage, it is stipulated that it is their joint property, unless an agreement between them establishes a different regime for this property.

As for the property that belonged to each of the spouses before marriage, received by one of the spouses during the marriage as a gift or by inheritance, as well as for personal use items, it is, as before, recognized as their separate property. On the other hand, the property of each spouse can be classified as joint property if, during the marriage, investments were made into said property at the expense of the spouses’ common property or at the expense of the personal property of the other spouse, which significantly increased the value of the property.

The issue of foreclosure on the common property of the spouses is decided depending on whether only one of the spouses or both of them is a party to the obligation.

Common joint property of members of a peasant (farm) enterprise. The specified enterprise is not endowed with the rights of a legal entity. Property belongs to the members of the farm on the right of joint ownership, unless otherwise established by law or agreement between them

Members of a peasant farm are considered to be able-bodied family members and other citizens who jointly manage the farm. Members of the farm use its property by mutual agreement. Transactions regarding the disposal of property are carried out by the head of the household or another authorized representative.

When a peasant farm is divided, two or more independent farms are formed on its basis. Those who leave the farm have the right to receive monetary compensation commensurate with their share in the common property. In this case, the shares are recognized as equal, unless otherwise established by agreement between the members of the farm.

In cases of termination of the farm's activities, the common property is subject to division according to the rules provided for by the civil law for the division of common property. The land plot is divided according to the rules established Civil Code and land law.

66. The right of common joint ownership: concept, grounds for occurrence. Possession, use, disposal of property in common joint ownership.

Property owned by two or more persons belongs to them under the right of common ownership.

Joint ownership, unlike shared ownership, can be formed only in cases provided for by law. Two types of common joint property - spouses and members of a peasant (farm) household. Participants in joint ownership own and use common property jointly. The disposal of common property is carried out By mutual consent of all co-owners. When one of the co-owners has made a transaction to dispose of the common property without having the necessary authority, it may be declared invalid at the request of the other co-owners if it is proven that the other party to the transaction knew or should have known about it.

Joint property, unlike shared property, does not have predetermined shares; they are determined only when dividing joint property or separating it from it.

Common joint property of spouses. With regard to property acquired by spouses during marriage, it is stipulated that it is their joint property, unless an agreement between them establishes a different regime for this property. Spouses in a marriage contract can attribute this property either to common shared property or to separate property of each of them. Property that belonged to each spouse before marriage is recognized as their separate property. Similar: the legal regime applies to property received by one of the spouses during the marriage as a gift or by inheritance, as well as to things for individual use. The property of each spouse can be classified as joint property if, during the marriage, the specified property was transferred from the common property of the spouses or investments were made at the expense of the personal property of the other spouse, cat. significantly increased the value of the property.

Common joint property of members of a peasant (farm) enterprise. Peasant (farm) farming is designed to produce marketable products sold on the market.

Members of the farm are given the right to create a business partnership or production cooperative on the basis of the property of the farm. The specified partnership or cooperative is recognized as a legal entity and has the right of ownership both to the property transferred to it by members of the enterprise, and to the property received by it as a result of its own activities and for other reasons.

Property belongs to the members of the farm on the right of joint ownership, unless otherwise established by law or agreement between them. Members of a peasant farm are considered to be able-bodied family members and other citizens who jointly manage the farm. It follows from this that persons who have not reached working age, i.e. 16 years old, cannot be members of the household.

The joint ownership of the farm includes a land plot, plantings, buildings and structures, productive and working livestock, machinery, equipment, vehicles and other property acquired for the farm using the common funds of its members. Fruits, products and income received as a result of the activities of the farm are the common property of its members and are used by agreement between them.

Members of the farm use its property by mutual agreement. Transactions regarding the disposal of property are carried out by the head of the household or another authorized representative.

When a peasant farm is divided, two or more independent farms are formed on its basis. At the same time, the division of common property, including land and means of production, is carried out in such a way as not to undermine the economic opportunities of any of the farms. During the separation, one or more members of the farm leave its composition, and the remaining members continue to engage in production and other economic activities. A plot of land and means of production owned by members of a farm under the right of common ownership are not subject to division in kind when one of its members leaves the farm. Those who leave the farm have the right to receive monetary compensation commensurate with their share in the common property. The period for payment of compensation should not exceed five years. It follows from this that if a member of the household leaves the household and does not demand his share in the common property within five years, then he loses the right to this property.

The peasant farm ceases its activities due to the withdrawal of all its members. In cases of termination of the farm's activities, the common property is subject to division according to the rules provided for by civil law for the division of common property.

If the heir of a deceased member of the household is not himself a member of this household, he has the right to receive compensation commensurate with his inherited share in the property that is in the common joint ownership of the members of the household. The period for payment of compensation is determined by agreement of the heir with the members of the household, and in the absence of an agreement - by the court, and cannot exceed one year from the date of opening of the inheritance. In the absence of an agreement between the members of the household and the specified heirs, the share of the testator in this property is considered equal to the shares of other members of the household.