scholarly journals Vindication of a Share in the Right of Common Share Ownership and Some Features of the Reclamation of Common Property

2018 ◽  
Vol 5 (3) ◽  
pp. 146-150
Author(s):  
A V Zarubin
Keyword(s):  
Common Property ◽  
The Other ◽  
Share Ownership ◽  
Legal Relationship ◽  
Common Ownership ◽  
The Common ◽  
The Right ◽  
Established Order ◽  
Relative Concept ◽  
A Share

The article analyzes the problem of vindication of share in the common ownership, due to the fact that the object of vindication is the property, at that time, as a share - relative concept. This feature has forced practitioners to adapt replevin to the recovery of shares. The result was a claim of recovery rights to the share. The lawsuit, which restored the right to share, of course, necessary participants of civil legal relationship, but its effective application requires differentiation of the vindicatory claim, a claim of recognition of rights and other means of protection.When compared to the above method of protection, the author comes to the conclusion that the right distinction is based on the factor of possessions. If the owner of the share at the same time with her lost possessions, shall be declared replevin. If the owner has only lost the title, you can apply the claim of recognition of ownership. Fixed rule about the applicability of the claim for restoration of the right to a share is intended to demonstrate the possibility of protecting the rights of the owner of the share.In addition, the paper analyzes the possibility of vindication of the shares, if the assignment was accompanied by the seizure of possession by the other co-owner. The author points out that there are forbidden by law to reclaim the property from the owner, because each of the disputants is only the owner of the share. The owner of a thing is the team co-owners. The basis of the protected ownership is the established order of use or the agreement of the owner with a team of co-owners.At the same time the article reveals some peculiarities of claiming common property.

scholarly journals Law of Common Ownership in Connection with the Development of the Economy of the Collective Use of Goods and Services

2021 ◽  
Vol 16 (11) ◽  
pp. 74-82
Author(s):  
I. Z. Ayusheeva
Keyword(s):  
Common Property ◽  
Sharing Economy ◽  
Property Law ◽  
Apartment Building ◽  
Goods And Services ◽  
Common Ownership ◽  
The Common ◽  
Shared Property ◽  
The Right ◽  
Joint Property

It becomes urgent to resolve the issue of developing the institution of law of common ownership,  as well as property law in general, regarding the fact that property law needs reforming that has not yet been  implemented, due to the emergence, in the context of digitalization, of the economy of collective use of various  goods (sharing, the economy of shared consumption), changes in the culture of consumption and the fact that not  in all cases the acquisition of goods on the basis of sole ownership is economically justified. Users’ communities,  whose members jointly acquire objects for their collective use, including objects in common ownership, can be  considered as one of the forms of sharing. Peculiarities of exercising the right to common ownership in relation  to property in the context of a sharing economy make it possible to talk about the possibility of separating an  independent type of common property along with shared and joint property (for example, collective common  property) or distinguishing a variety of common shared property—by analogy with the right of ownership to the  common property of an apartment building. The peculiarities of the implementation of this type of common  property can be enshrined in civil legislation.

scholarly journals CONSTRUCTION AND TECHNICAL EXAMINATION ON INDIVISIBILITY OF A RESIDENTIAL BUILDING AS A MEAN OF ESTABLISHING EVIDENCE IN CIVIL PROCEEDINGS

2020 ◽  
pp. 781-789
Author(s):  
T. Kravtsova
Keyword(s):  
Common Property ◽  
Residential Building ◽  
Integrated Approach ◽  
Large Area ◽  
Forensic Examination ◽  
Civil Proceedings ◽  
Technical Examination ◽  
The Common ◽  
The Right ◽  
A Share

The article deals with the issues of forensic examination as a mean of establishing evidence in civil proceedings, highlights the peculiarities of construction and technical examination in cases of termination of a person’s right to share in the common property. The author concludes that provision of the construction and technical examination in cases related to the termination of a person’s right to a share in the common property requires an integrated approach. An expert shall use various methods, evaluate the object of an examination according to various criteria, and make consistent and logical conclusions in order to prepare an informative report. Proper justification of the plaintiff’s position and proof of the technical impossibility of dividing the disputed property provides court with the grounds to satisfy the claim on termination of the right to a share in the residential building even with large area. However, like any other evidence, the expert’s report does not have a predetermined force for the court and is subject to assessment in conjunction with other evidence and circumstances of the case.

Features of inheritance of some categories of residential properties

2014 ◽  
Vol 8 (9) ◽  
pp. 171-186
Author(s):  
Светлана Чернякова ◽  
Svetlana Chernyakova
Keyword(s):  
Common Property ◽  
Legal Status ◽  
General Procedure ◽  
General Rule ◽  
Legal Regulation ◽  
Housing Cooperatives ◽  
Common Ownership ◽  
The Common ◽  
State Registration ◽  
The Right

The article considers the issues of inheritance of privatized dwellings with encumbered rights of citizens having the right to use the living quarters; premises in houses of housing and housing co-operatives; as well as the peculiarities of inheritance of shares in the common ownership of a dwelling. The author points out that the inheritance of privatized premises which are individually owned, carried out in a general manner. However, there are several problems associated with inheritance. In accordance with the Family Code property received by one spouse to the gratuitous transactions, is their property. Therefore, if privatization took place in the payment of certain sums of money, in this case, there is a common joint property of the spouses; if the transfer occurred gratuitously, the subject of property rights is a person with whom the contract was made. The question of inheritance of premises in houses of housing and housing cooperatives is studied. The specifics of the legal regulation of these relations are determined by the legal status of the cooperatives themselves. In contrast to the general rule, ownership does not arise from the state registration, and upon the payment of a contribution. Regardless of state registration and whether there is a document confirming the ownership of the dwelling, after the death of a member of the construction co-operative, who payd for shares, housing is inherited under the general procedure. The author studies the question about the features of transactions with shares in the common ownership of dwellings and residential premises belonging to the common ownership. In accordance with para. 2, Art. 246 of the Civil Code a co-owner has the discretion to sell, give, bequeath, pledge in its share or dispose of it. It should be borne in mind that the sale and exchange shares in the common property shall be permitted only as subject to the preemptive rights of other participants in the acquisition of such shares. Housing is not recognized as common property, when it was purchased at the actual termination of the marriage, and, consequently, the other spouse does not have any rights to housing.

Part III The right To Terminate, 5 Breach of Condition

2020 ◽  
Author(s):  
Stannard John E ◽  
Capper David
Keyword(s):  
Common Law ◽  
The Other ◽  
The Common ◽  
The Right

This chapter focuses on breach of condition. The first situation in which termination will be available is where the other party has broken a ‘condition’. A condition is a stipulation in a contract, be it a contract of sale or some other contract, the breach of which gives rise to the right to ‘treat the contract as repudiated’. When is a term a ‘condition’? A term can be made a condition either by express stipulation or by implication. The chapter then distinguishes condition from various other concepts with which it may appear to have similarities, but which work in different ways. It also looks at time stipulations and the divergent approaches of the common law and equity to time stipulations.

Religion's ‘Foundation in Reason’: The Common Sense of Hume's Natural History

1994 ◽  
Vol 24 (4) ◽  
pp. 565-581
Author(s):  
M. Jamie Ferreira
Keyword(s):  
Common Sense ◽  
The Other ◽  
Rational Justification ◽  
Rational Argument ◽  
Regular Model ◽  
The Common ◽  
The One ◽  
The Right ◽  
Forceful Critique ◽  
Critique Of Religion

David Hume’s critique of religion reveals what seems to be a vacillation in his commitment to an argument-based paradigm of legitimate believing. On the one hand, Hume assumes such a traditional (argumentbased) model of rational justification of beliefs in order to point to the weakness of some classical arguments for religious belief (e.g., the design argument), to chastise the believer for extrapolating to a conclusion which outstrips its evidential warrant. On the other hand, Hume, ‘mitigated’ or naturalist skeptic that he is, at other times rejects an argumentbased paradigm of certainty and truth, and so sees as irrelevant the traditional or ‘regular’ model of rational justification; he places a premium on instinctive belief, as both unavoidable and (usually) more reliable than reasoning. On this view, a forceful critique of religion would have to fault it, not for failing to meet criteria of rational argument (failing to proportion belief to the evidence), but (as Hume sometimes seems to) for failing to be the right sort of instinct.

scholarly journals Immigration, Humanity, and Morality

2019 ◽  
Vol 2 (1) ◽  
pp. 21-33 ◽  
Author(s):  
Sunday Adeniyi Fasoro
Keyword(s):  
Political Theory ◽  
The Other ◽  
Moral Principles ◽  
A Value ◽  
The Earth ◽  
Other Hand ◽  
Common Ownership ◽  
Vulnerable People ◽  
The Common ◽  
The One

AbstractThe trend toward the concept of humanity in political theory has arisen largely as a reaction against the mistreatment of vulnerable people such as immigrants. The issue of immigrants’ vulnerability has led political thinkers to ponder on how to apply the principle of humanity to the question of the treatment of immigrants. I would like to address this matter by examining two questions: what is humanity, is it a value property, or a virtue? Does it really matter if the means by which an immigrant immigrates is demeaning to his own humanity as a person? The most common or intuitive reply to these questions would probably be: ‘humanity’ is simply a value-bestowing property, so regardless of immigrants’ actions they are owed respectful treatment. The aim of this paper is to emphasise instead that ‘humanity’ should be conceived as a virtue of actual commitment to act on moral principles. I explore three different meanings of humanity. First, I discuss ‘humanity’ as the common ownership of the earth. Second, I discuss ‘humanity’ as a value property. Third, I discuss humanity as a virtue of acting, on the one hand, with humanity, and on the other hand, on moral principles.

An appendix to Mr. Ware’s paper on vision

1832 ◽  
Vol 1 ◽  
pp. 454-455
Keyword(s):  
The Other ◽  
Watch Glass ◽  
Early Age ◽  
Learning To Read ◽  
The Subject ◽  
The Common ◽  
The Right ◽  
The Mind ◽  
Different Parts ◽  
Marble Surface

The author remarks, that Mr. Ware’s observations with regard to short-sightedness, being in general merely the consequence of habit acquired at an early age, is conformable with his own experience in general, and that he himself is a particular instance of natural long-sightedness gradually converted into confirmed short sight. He very well remembers first learning to read, at the common age of four or five years, and that at that time he could see the usual inscriptions across a wide church; but that at the age of nine or ten years he could no longer distinguish the same letters at the same distance, without the assistance of a watch-glass, which has the effect of one slightly concave. In a few years more the same glass was not sufficiently powerful; but yet his degree of short-sightedness was so inconsiderable, that he yielded to the dissuasion of his friends from using the common concave glasses till he was upwards of thirty years of age, when No. 2 was barely sufficient; and he very shortly had recourse to No. 3. In the course of a few years an increase of the defect rendered it necessary for him to employ glasses still deeper, and his sight soon required No. 5, where it has remained stationary to the present time. From the progress which Sir Charles Blagden has observed in his own short-sightedness, he is of opinion that it would have been accelerated by an earlier use of concave glasses, and might have been retarded, or perhaps prevented altogether, by attention to read and write with his book or paper as far distant as might be from his eyes. In this communication he takes the same opportunity of adding an experiment made many years since on the subject of vision, with a view to decide how far the similarity of the images received by the two eyes contribute to the impression made on the mind, that they arise from only one object. In the house where he then resided, was a marble surface ornamented with fluting, in alternate ridges and concavities. When his eyes were directed to these, at the distance of nine inches, they could be seen with perfect distinctness. When the optic axes were directed to a point at some distance behind, the ridges seen by one eye became confounded with the impression of concavities made upon the other, and occasioned the uneasy sensation usual in squinting. But when the eyes were directed to a point still more distant, the impression of one ridge on the right eye corresponded with that made with an adjacent ridge upon the left eye, so that the fluting then appeared distinct and single as at first, but the object appeared at double its real distance, and apparently magnified in that proportion. Though the different parts of the fluting were of the same form, their colours were not exactly alike, and this occasioned some degree of confusion when attention was paid to this degree of dissimilarity.

scholarly journals Problems of Legal Regulation of Issues of Redistribution of Shares in the Right of Common Property

2021 ◽  
Vol 7 (9) ◽  
pp. 460-465
Author(s):  
N. Ablyatipova ◽  
Kunitsa
Keyword(s):  
Common Property ◽  
Legal Regulation ◽  
Share Ownership ◽  
Judicial Practice ◽  
The Right

The article is devoted to the peculiarities of legal regulation of the redistribution of shares in the right of common share ownership. The authors examine issues of the overall legal characteristics of the share ownership, the possibility of redistribution of shares, judicial practice is analyzed. It is concluded that it is necessary to improve legislative norms that regulate the possibility of redistribution of shares when using maternal funds

scholarly journals Problems of Common Property Management in the Housing Sector

2019 ◽  
Vol 9 (1) ◽  
pp. 7433-7436
Keyword(s):  
Common Property ◽  
Scientific Literature ◽  
Main Type ◽  
Necessary Condition ◽  
Property Management ◽  
Government Organization ◽  
Government Organizations ◽  
The Common ◽  
The Right ◽  
Collective Feature

The main specifics of the implementation of the right of common property today is determined by the collective nature of the creation and sale of property, and not by the feature of the property subject (divisibility or indivisibility of property). Accordingly, in order to implement the collective feature of common property, people shall unite, creating self-government organizations. There are judgments about the organization, which are often identified with the term "system", in the educational and scientific literature. Such an establishment of the system concept is more general than the term of organization. The ideas about the organizations created by people to manage common property are the most complex. Self-government is the main type of activity that allows for the fair distribution of the good and the burden of common property among participants in common property. It is this process that shall be designed and implemented as self-government, so that all conditions are sufficient for the collective to achieve common property and satisfy personal needs of each of them using common power. As a result, it is necessary to create a self-government organization to implement common property. The emergence (creation) of such an organization is the first necessary condition for the implementation of common property. If an organization is not created from among all participants in the common property, then the common property cannot be implemented. Thus, in this article, model representations of the simplest self-government organization will be introduced, which are necessary to solve the problems of decision-making and the implementation of common property

Ch.11 Plurality of obligors and of obligees, s.1: Plurality of Obligors, Art.11.1.4

2015 ◽  
Author(s):  
Meier Sonja
Keyword(s):  
The Other ◽  
The Common ◽  
The Right ◽  
The Relationship

This commentary analyses Article 11.1.4 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the effects of defences on the relationship between the obligee and the obligors. Under Art 11.1.4, a joint and several obligor against whom a claim is made by the obligee may assert all the defences and rights of set-off that are personal to it or that are common to all the co-obligors. However, the obligor may not assert defences or rights of set-off that are personal to one or several of the other co-obligors. This commentary discusses the common defences that the obligor can assert against the obligee, along with personal defences which involve the right to avoid the contract for mistake, fraud, threat, or gross disparity.

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