Joint ownership - the concept and grounds of occurrence
Joint ownership - the concept and grounds of occurrence
Common ownership is the possession of severalman by one property. In such property there can be a divisible and indivisible part, and also their totality. The common property is divided into two types - the share, when the share of each is determined, and joint, when a part of each is not determined.
A characteristic example of joint ownership -farming; inheritance, when the owners when determining the property do not legally determine shares. Also this includes the acquisition of a thing or property by spouses. The peculiarity of such property is that the subjects enter into legal relations not only with an unlimited number of persons, but also with each other, creating certain rules for the ownership of joint property. However, in relations with third parties, the owners come together.
The concept of joint ownership
Joint ownership is a kind of commonproperty, where there is no clear definition of the share of each. The disposal of such property is carried out exclusively with the consent of all its participants. Each of them has the right to dispose of joint property subject to a general agreement. If the order of joint ownership occurs without observing the necessary powers of general agreement, it can be invalidated on the claim of other owners. The division of such property is possible only after the share of each is determined. Features of the emergence of joint ownership
There are three ways to create a jointproperty: farm, or peasant farming; gardening, gardening or country partnership; joint property of spouses. Farmer or peasant farming belongs to all participants of joint ownership, unless other agreements have been established: shared or separate property and its disposal on the basis of a simple partnership agreement. The order of disposal of such property is determined by agreement of all rightholders. Also, for convenience, the head of the economy, who decides the main issues, can be appointed. In the horticultural partnership, the transfer of the right to joint ownership is possible only among the members of the partnership. This happens solely with the consent of all participants in joint ownership. Often, such decisions are made at general meetings. In the joint ownership of the spouses, when one of them makes a transaction for the disposal of real estate, a notarized consent of the other spouse is necessary. If there is not one, the spouse has the right to challenge the transaction and prove its invalidity in court. This can be done within a year, starting from the day when he learned or should have learned about the transaction. Provided that there is a marriage contract, it is necessary to present it, because with it the legal regime of the spouses and the possibility of disposing of joint property can be changed.
