Table of contents (expand)
- The concept of civil law (GP)
- Correlation of civil law (GP) with other branches of law. HP as a science and academic discipline
- Sources of civil law (GP). civil law
- Operation and application of civil law (CL)
- The concept and structure of civil legal relations (GP). Types of civil legal relations
- Grounds for the emergence, change and termination of civil legal relations
- The concept of subjects of civil legal relations. Citizens as subjects of civil legal relations
- Restriction of legal capacity of citizens
- Legal entities as subjects of civil legal relations
- Creation and termination of a legal entity (LE)
- The state as a subject of civil legal relations
- Business companies
- Business partnerships
- Production cooperative
- Unitary (state and municipal) enterprises. Non-Profit Organizations
- Objects of civil legal relations and their types
- Concept, definition and classification of things
- Securities as objects of civil legal relations
- The concept of a transaction and types of transactions
- Form of transactions
- Invalid transactions
- Types of invalid transactions
- The concept and meaning of representation
- Grounds for the emergence and types of representation
- Power of attorney
- The concept and types of terms
- Limitation period, the beginning of the limitation period
- Break, suspension, restoration of limitation periods
- Subjective civil rights and obligations. Implementation of subjective civil rights
- Civil liability, its types and significance
- Civil liability: grounds for occurrence and release
- Forms and sizes of civil liability
- Real right, property, property right
- Types of property rights. Grounds for the emergence and termination
- Right of private property of citizens
- Right of private property of legal entities
- State property right
- Municipal Property Law
- The concept of inheritance
- testamentary succession
- Legacy Inheritance
- The procedure for acquiring an inheritance. Discovery and protection of inheritance
- Acquisition of an inheritance
- Features of inheritance of certain types of property
- Legal regulation of common and shared property
- Legal regulation of joint ownership
- Real rights of persons who are not owners. Rights of persons who are not owners of land plots
- The right of economic management and operational management of property
- easement rights
- Civil law ways of protecting property rights. Vindication and negator claims
- Concept of obligation
- Commitment Structure
- Classification of obligations
- The concept and meaning of the contract
- Content and form of the contract
- The concept, methods and meaning of termination of obligations
- Features of individual methods of termination of obligations
- Ensuring the fulfillment of obligations. forfeit
- Pledge, retention, guarantee
- Bank guarantee. Deposit
- The concept of intellectual property
- The concept of exclusive right
- The main novelties of part IV of the Civil Code of the Russian Federation
- Disposition of the exclusive right
- Copyright concept
- Types of copyright objects
- Subjects of Copyright
- Subjective copyright. Exclusive rights
- Other property rights
- Personal non-property rights of the author
- Patent Law
- Means of individualization
46. LEGAL REGULATION OF JOINT PROPERTY
Joint ownership can be only in cases provided for by law. It can be transferred by agreement to shared ownership.
Views: property of the spouses; property of members of a peasant (farm) economy; as the property of family members to the apartment privatized by them.
The co-owners share the property.
Dealings each co-owner can make disposal of joint property, the consent of the other co-owners is assumed (presumed). However, the conclusion of a transaction in relation to joint ownership by one of the co-owners without obtaining the consent of the others is the basis for recognizing such a transaction as invalid.
Share in joint ownership are determined only when it is divided, and as a rule, they must be equal.
1. Joint property of spouses - property acquired by spouses during their life together (before marriage - separate property of each of them). Collection of the debts of one spouse can be applied only to the property of this spouse, and to the common property - if this spouse made debts in the interests of the family.
2. Joint property of members of the peasant economy - property intended for entrepreneurial activities in order to make a profit (land, plantings, buildings, livestock, vehicles, etc.). Members of a peasant farm are able-bodied members of the family and other citizens who jointly manage this farm (persons who have not reached the working age of majority and persons of retirement age cannot be members of a peasant farm).
Features:
a) fruits, products and incomes received as a result of economic activity are the common property of its members;
b) common property is used by members of the peasant economy by mutual agreement;
at) transactions on the disposal of the property of the farm are made by the head of the farm or another authorized person;
d) the allocation of property to one of the participants in the peasant economy is possible only by paying his share.
3. Joint ownership of family members who privatized the apartment:
a) arises at the request of citizens and with the consent of all adult family members living in the apartment, as well as minors aged 14 to 18;
b) subjects - adults and minors, including those living separately from the tenant, but who have not lost the right to use the apartment;
at) transactions with an apartment in the case of minors living in it are allowed only with the permission of the guardianship and guardianship authorities;
d) funds from transactions with privatized apartments, in which only minors lived, must be credited to the account of these persons in a savings bank;
d) when dividing an apartment and allocating a share, the shares of the co-owners must be equal, unless otherwise provided by the agreement;
f) the allocation of a share in kind to one of the co-owners of the apartment is possible only in cases where it is possible to transfer living space, utility rooms to him in an isolated form, and also if it is possible to equip a separate entrance.
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