Form of agreement on possession and use of joint immovable property and its influence on mechanisms of agreement rights and duties transfer
Journal Title: Прикарпатський юридичний вісник - Year 2016, Vol 1, Issue
Abstract
The author researches forms of an agreement on possession and use of joint immovable property. Appropriate legislative provisions of Civil, Family and Land Codes of Ukraine are analyzed. The author determines that researched agreement can be concluded in verbal form aswell as in writing and can be notarized on all co-owners will. In the article it’s justified that notarization of an agreement provides it obligation for persons who acquire right of ownership on share in join property by means of payable agreement. If agreement on possession and use of joint immovable property concluded between married couple it’s also becomes obligatory for their successors. The author discloses circumstances that lead to different consequences of an agreement on possession and use of joint immovable property in cases when it concludes in writing form and when it notarized. Verbal form of an agreement and tacit actions of co-owners committed within legal regime of joint property are differentiated in the article.
Authors and Affiliations
В. А. Ставицький
Keywords
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