SUBJECT COMPOSITION OF AGREEMENT ON POSSESSION AND USE OF JOINT IMMOVABLE PROPERTY
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 3, Issue
Abstract
The article is devoted to the research of features of subject composition of agreement on possession and use of joint immovable property. Qualitative and quantitative characteristics of such composition as necessary and sufficient requirements for conclusion of an agreement are determined. Legal constructions of entire and reduced subject composition of agreement and circumstances that allow using them are analyzed. The author justifies that entire composition is a general requirements for conclusion of an agreement on possession and use of joint immovable property that bases on equality of rights and legal interests of co-owners. This is the basic model of subject composition of researched agreement. According to it only total harmonization of all co-owners will lead to conclusion of an agreement. At the same time the author concludes that actual legal reality doesn’t effort to conclude such agreements by entire subject composition in all the cases especially according to industrial immovable property that had been privatized. Imperfection of an order of privatization as well as system of state registration of immovable property transactions and real rights on it caused situations when some co-owners of such objects are unknown or missing but they are still co-owners. In such cases reduced subject composition can be used as exclusion from general rule. If some co-owners of immovable property are unknown (missing) and all attempts were made to find them out known co-owners can conclude such an agreement if such a property need to be cared about and rights of all co-owners are provided. It’s justified that in this case can be used one of coerced legal models: 1) known co-owners get in possession and use real parts in immovable property that together constitute immovable thing on the whole without determination real rights of unknown (missing) co-owners in such an object; 2) known co-owners get in possession and use real parts in immovable property according to their parts in rights on it, determine real parts of unknown (missing) co-owners according to their parts in rights on it with next constitution the regime of management over such parts of unknown (missing) co-owners or getting it in possession and use. Both models can be used by co-owners at choice according to their needs and interests of unknown (missing) co-owners.
Authors and Affiliations
В. А. Ставицький
Keywords
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