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Title |
Peculiarities of decision-making by the right of
common share property in Russia and some european
rules of law |
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Autors |
Filatova Uliana Borisovna
Head of the Civil Law Chair of Russian Academy of
Justice, Candidate of Law, an associate professor.
Bld. 23 “а”,Ivana Franko Str., Irkutsk, 664074.
E-mail: filatova.uljana82@gmail.ru |
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Section |
Civil law |
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Issue |
6/2012 |
Page |
139-146 |
index UDC |
347.23(470) + 347.23(4) |
index LBC |
Х404.1(2) |
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Abstract |
The article analyzes the principles, which are laid
down in the basis of decisionmaking in the right of
common share property in Russia and European rules
of law German-speaking legal circle. The
peculiarities of the application of the principle of
unanimity, which is typical for Russia, as well as
the principle of majority and proving theory, which
were formed in Germany, Austria and Switzerland
should be researched in details. It is justified the
conclusion about the necessity to consolidate the
principle of the majority as a basis for
decision-making by co-owners of the common norms
regulating the Institute of the common property, as
it is called on to ensure the effective management
of common property. Legislative consolidation of the
rights of primogeniture must be accompanied by the
strengthening of the position of one co-owner and
protection of minority rights, which enable it to
respond to abuse of the right of a majority of
co-owners, as well as the establishment of an
adequate mechanism for the termination of the share
of the community. |
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Keywords |
the right of the General share
property, the decision of the majority, unanimously
adopted decision, possession, use, disposal. |
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