Open AccessTHE RIGHT OF COMMON SHARED OWNERSHIP: THE ESSENCE AND PROBLEMS OF PROTECTION
Author(s) -
D.V. Pyatkov
Publication year - 2021
Publication title -
rossijsko-aziatskij pravovoj žurnal
Language(s) - English
Resource type - Journals
ISSN - 2687-010X
DOI - 10.14258/ralj(2021)3.4
Subject(s) - possession (linguistics) , property rights , law and economics , business , common ownership , legislation , exclusive right , phenomenon , property (philosophy) , the thing , common law , law , economics , intellectual property , political science , computer science , telecommunications , philosophy , linguistics , physics , epistemology , quantum mechanics
The article attempts to rethink the phenomenon of shared ownership, taking into account the conceptof multiple ownership rights to one thing at the same time existing in civil law. The widespread view ofthe right of shared ownership as one right to the same thing belonging to several persons at the same timeis critically evaluated. It is concluded that each co-owner has his own property right, which is limited bythe same rights of other co-owners. The construction of shared ownership is considered in the contextof possession protection proposed in the Concept of the Development of Civil Legislation of the RussianFederation: competition arises between the rights of co-owners, which is won by the possessing co-owner,if, for example, the issue of access to things by other co-owners is resolved. The practical significance of the ideas that common property is a plurality (system) of ownership rights to one thing is shown. In particular, itis proposed to use such a model when resolving conflicts between co-owners when moving into a residentialpremises: the owner who actually uses the residential premises has an advantage over other co-owners andhas the right to prevent other co-owners from moving in until a court decision. The share in the ownershipright is proposed to be considered as a measure of the free exercise by the owner of his rights in the conditionsof multiple ownership rights to one thing.