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Title |
Problems of encumbrance of premises by members of an owner’s family
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Autors |
Bumazhnikova Olga Viktorovna
Candidate
of Law, a lawyer of Chamber of Lawyers of Tver region, legal
office no. 213. 170042, the Russian Federation, Tver region, Tver, 7 Nikitin Per.
E-mail: bumazhnikova.olga@yandex.ru |
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Section |
Civil law |
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Issue |
1/2013 |
Page |
116-118 |
index UDC |
349.444 +
347.453
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index LBC |
Х404.111 +
Х404.212.47 |
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Abstract |
The article is devoted to an
encumbrance problem. At present the problem of encumbrances remains low-studied,
but important both in theory and in jurisprudence. The article opens a
problem of encumbrance of premises by members of the family of an owner of
premises. The article investigates the
question of rights preservation of members of the family of an owner of premises
in case if their status changes on the former. Besides the article considers cases
when on the lawful bases an owner is able not to execute a court judgment
which obliges to provide members of a family and/or the former with a right of
residence in the apartment, having no consent of the specified people. The
mentioned question is being investigated both from theoretical and practical
points of view. At the end of the article the author makes offers on improvement of
legislation in similar cases. |
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Keywords |
encumbrance, premises, rights of members of the
family of an owner of premises. |
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