Agrarian law. The procedure for disposing of farm property (the most important)

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Agrarian law. The procedure for disposing of farm property (the most important)

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36. The order of disposal of the property of the farm

In accordance with Art. 253 of the Civil Code of the Russian Federation, the possession and use of jointly owned property is carried out by co-owners jointly and, unlike shared ownership, does not depend on the size of the contribution of each of them to the creation of common property.

Ownership and use of property being in shared ownership, is carried out by agreement of all its participants, and in case of objection of at least one of them - in the manner established by the court.

The procedure for disposing of property of a farm determined by an agreement concluded between members of the farm in accordance with Art. 4 of the Federal Law "On the peasant (farm) economy".

The disposal of the property of the farm is carried out by the head of the farm in the interests of the farm.

The unitary enterprises created by the peasant (farm) economy will also have a special legal regime of property.

The procedure for disposing of the property of the farm is determined by an agreement concluded between the members of the farm in accordance with Art. 4 of the Federal Law "On the peasant (farm) economy". In accordance with Art. 253 of the Civil Code of the Russian Federation, when one of the co-owners makes a transaction on the disposal of property that is in joint ownership, it is assumed that it was carried out with the consent of all co-owners, regardless of which of the participants makes the transaction on the disposal of property.

When disposing of property in shared ownership, the consent of all its participants is not summarized. Therefore, a participant in shared ownership has the right to dispose of the common property if he has the appropriate powers based on a power of attorney issued to him by other participants in shared ownership.

When disposing of common property, the 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. In the absence of unanimity, the dispute may be resolved by the court at the suit of any of the co-owners.

In case of paid alienation, the pre-emptive right to purchase a share by participants in shared ownership, provided for in Art. 250 of the Civil Code of the Russian Federation. The disposal of the property of the farm is carried out in the interests of the farm by the head of the farm.

For transactions made by the head of the farm in the interests of the farm, the farm is liable with its property, as defined in Art. 6 of the Federal Law "On the peasant (farm) economy".

Author: Zavrazhnykh M.L.

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