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 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 IMPLEMENTASI PEMBAGIAN HARTA BERSAMA DALAM PERKAWINAN POLIGAMI

2021 ◽  
Vol 10 (1) ◽  
pp. 1
Author(s):  
Zainul Fanani
Keyword(s):  
Common Property ◽  
Islamic Law ◽  
Polygamous Marriage ◽  
Joint Ownership ◽  
The Common ◽  
Shared Property ◽  
Joint Property

Abstrak Pasal 94 ayat (1) kompilasi Hukum Islam menyebutkan harta bersama dari perkawinan seorang suami yang mempunyai istri lebih dari seorang, masing-masing terpisah dan berdiri sendiri, ayat (2) menyebutkan pemilikan harta bersama dari perkawinan seorang suami yang mempunyai isteri lebih dari seorang dihitung pada saat berlangsungnya akad perkawinan yang kedua, ketiga dan keempat. Dengan demikian momentum pelaksanaan perkawinan merupakan hal yang sangat signifikan dalam penentuan harta bersama dalam perkawinan poligami. Hal ini akan menjadi hambatan dalam pembagian harta bersama, khususnya menyangkut masalah pembuktian harta bersama tersebutKata kunci:  harta Bersama, poligami, pembagian Abstract Article 94 paragraph (1) compilation of Islamic law mentions joint property of marriage of more than one spouse, separate and independent, paragraph (2) mentions the joint ownership of marriage of husband of more than one spouse at the time of the second, third and fourth marriages. Thus the momentum of the marriage exercise is a very important factor in the determination of common property in polygamous marriage. This would be a hindrance in the sharing of common property, especially with regard to the issue of proof of the common propertyKeywords: Shared property, polygamy, subdivision

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.

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

scholarly journals CHALLENGING OLD PERCEPTIONS ― THE CLASSIFICATION OF WEBSITE ADVERTISEMENTS ACCORDING TO SOUTH AFRICAN CONTRACT LAW

Obiter ◽  
2016 ◽  
Vol 37 (3) ◽  
Author(s):  
Lehlohonolo Ramokanate ◽  
Wian Erlank
Keyword(s):  
South African ◽  
Common Law ◽  
Goods And Services ◽  
Electronic Contracts ◽  
Technological Developments ◽  
The Common ◽  
Self Service ◽  
The Right ◽  
Typical Model

South African law draws a distinction between offers and invitations to treat. Although the intention with which a statement is made is usually cited as a controlling factor in determining its proper classification, there are a few cases in which the classification of a declaration into either an offer or an invitation to treat is done by rules of law with very little concern for the intention of a party. Such is traditionally the case amongst others with advertisements and displays of goods on windows or shelves in a self-service store. The classification of these scenarios into invitations to treat is usually premised on certain perceptions at common law, such as the need to protect traders from the risk of inundation by purchase orders, and the right of traders to select their customers. With electronic commerce on the rise, tradesmen today prefer to advertise their goods and services online through websites. Some of these websites go beyond traditional advertising. They can finalize sale transactions, and even perform contracts without any human review on their side. These novel features in trading websites challenge the old conceptions of the common law of contract concerning the proper classification of advertisements and self-service stores. Hence the question arises whether a typical model of a modern trading website constitutes an offer or an invitation to treat. In light of the foresaid technological developments, it is important in the digital age to reconsider the position of the law, and to develop it where necessary with a view to accommodating electronic contracts.

Operation, maintenance and repair of the common property of an apartment building

2021 ◽  
Author(s):  
Vladimir Akimov ◽  
Vladimir Komkov ◽  
Nadezhda Timahova
Keyword(s):  
Professional Education ◽  
Common Property ◽  
Educational Institutions ◽  
Federal State ◽  
Educational Organizations ◽  
Apartment Building ◽  
Maintenance And Repair ◽  
The Common ◽  
State Educational ◽  
Management Operation

The textbook provides information on the operation, maintenance and repair of the common property of an apartment building. Meets the requirements of the federal state educational standards of secondary vocational education of the latest generation. It is intended for students of secondary vocational educational institutions studying in the specialty 08.02.11 "Management, operation and maintenance of an apartment building". For students of secondary professional educational organizations and educational organizations of additional professional education.

Kann das Grundeinkommen die Arbeitslosigkeit abbauen?

2000 ◽  
Vol 22 (2) ◽  
Author(s):  
Ulrich Steinvorth
Keyword(s):  
Natural Resources ◽  
Common Property ◽  
Good Life ◽  
Basic Income ◽  
Theory Of Justice ◽  
Unemployment Compensation ◽  
Right To Work ◽  
The Common ◽  
The Right

AbstractI agree with Van Parijs that a theory of justice must meet the condition of indicating institutions that eliminate compulsory unemployment, but argue that his basic income is another form of unemployment compensation with all the disadvantages such compensations suffer from. In particular, it does not advance real freedom, but is liable to contribute to narrow political ends. I indicate an alternative and explicate, since Van Parijs disregards it, the right to work and its basis in the common property of natural resources. Finally, I compare the two competing conceptions of a good life that underlie his recommendation of a basic income and my rejection of it.

scholarly journals Management of the common property of an apartment building: legal issues

2019 ◽  
Vol 110 ◽  
pp. 02096
Author(s):  
Ulyana Filatova ◽  
Natalia Dalbaeva ◽  
Nina Semeryanova ◽  
Ludmila Dolnikova ◽  
Dmitriy Bayanov
Keyword(s):  
Common Property ◽  
Residential Buildings ◽  
Theory And Practice ◽  
Entrepreneurial Activity ◽  
Material Base ◽  
Apartment Building ◽  
Legal Regime ◽  
Essential Condition ◽  
Long Time ◽  
The Common

The article discusses the main issues of the legal regime of public facilities in non-residential buildings, the system of management of such property. The relevance of the research topic is manifested in the following aspects. With the development of market economy, the need to use non-residential premises, including those located in buildings, has increased. The presence of material base is an essential condition for the development of entrepreneurial activity. However, legislative gaps in the field of common property management by owners of non-residential premises lead to deceleration of economic processes and adversely affect sustainable development and welfare of cities. For a long time, in theory and practice, there were different opinions about the possibility of extending, by analogy with the common property of the building, provisions on the common property regime of an apartment building. Despite the fact that the issue of legal vacuum was partially solved by the Supreme Arbitration Court of the Russian Federation by the issuance of Resolution No. 64 of the Plenum of July 23, 2009, many questions on the legality of using the proclaimed analogy of the law still do not find an unequivocal solution in lawmaking and law enforcement activities of relevant legislative and judicial bodies.

scholarly journals Apartment ownership in a Condominium under Georgian Law

2020 ◽  
Vol 10 (2) ◽  
pp. 28-41
Author(s):  
Tamar Zarandia ◽  
Tamar Tatanashvili
Keyword(s):  
Common Property ◽  
Civil Law ◽  
The Other ◽  
Property Law ◽  
Ancient History ◽  
History Of ◽  
The One ◽  
The Right ◽  
Individual Ownership ◽  
Apartment Ownership

Abstract The ancient history of the concept of condominium and the particular attitude towards the right of ownership of an apartment has attracted worldwide recognition for this type of property. The concept of condominium is based on three components: (1) individual ownership of an apartment; (2) joint possession of common property of a plot of land and parts of a building; and (3) membership in an owners’ association. An apartment in a condominium is an exception to the principle of superficies solo cedit in property law. In this case, the rights of ownership of owners of apartments in a condominium—the rights of ownership of a number of persons—are accumulated with regard to a plot of land. This article analyses, on the one hand, the peculiarities of apartment ownership in condominiums, Georgian legislation—which is the result of the reception of German civil law, and, on the other hand, the court practice developed on these issues in Georgian law.

scholarly journals AN EXPLORATORY STUDY ON EFFICACY OF DEMONETIZATION IN INDIA: POLICY ROLLOUT ON DEMONETIZING OLD CURRENCY

2021 ◽  
Vol 5 (1) ◽  
pp. 1-28
Author(s):  
Abdul Masood Panah ◽  
Y. Muniraju
Keyword(s):  
Coastal Region ◽  
Time Frame ◽  
Jel Classification ◽  
Ordinal Regression ◽  
Descriptive Statistics ◽  
Goods And Services ◽  
The Common ◽  
The Government ◽  
Digital Transactions ◽  
The Right

Demonetization is the process of declining the use of currency from circulation by the government or monetary authorities in a country. This research paper analyses the efficacy of Indian demonetization from common public perspectives, the policy that the government of India has implemented to fight against black money, drying the financial roots of terrorism, and direct the civilization towards digital transactions and a cashless economy. A field survey was conducted in Karnataka and Kerala’s coastal region by distributing a structured questionnaire among the common public to generate the data. The authors run descriptive statistics and ordinal regression analysis to obtain the result for the study’s objectives. The descriptive statistics result found that demonetization increased the number of bank account holders in India. There is not much impact of demonetization on controlling evasion of tax and illegal investments of black money, and the policy adversely affects regular business in the country. The findings from ordinal regression reveal that the time frame was given to the public to demonetize their old notes were sufficient; money circulation was well planned at the time of demonetization. The policy implemented at the right time and the common public, despite facing enormous challenges while purchasing goods and services at the time of demonetization, considers that demonetization implementation was effective. JEL Classification Codes: E5, E6, E7, E58, E60.

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