The right of common property and its types. Fractional ownership, concept and attributes.

In life there are such events, when a thing or property refers not to one person. Owners of private property are several people. It is in this case that the right of common ownership appears. It is acquired for various reasons - inheritance, marital status and privatization, in addition, in joint activities for the construction of a house or the joint acquisition of a thing.

The subject of common property is a thing of an individual-specific property or a collection of such things. In addition, the object of the type of property under consideration may be the organization as a whole as a property complex, which serves to carry out economic activities. The right of common ownership is characterized by a plurality of entities that need special regulation through regulations. This is necessary for the will of the subjects of common property to be agreed upon. Interlacing relationships with third parties and co-owners also have a place in common ownership.

The forms of the right of common property are fixed by the legislation of our country. Thus, there are two categories of common property rights. They are called, as types of the right of the common property - share and joint. A share in the right of the type of property in question is characterized by the presence of the subject to which it belongs. In joint ownership of general purpose, the shares of its subjects are not fixed, they are allocated only when there is a separation of property or the allocation of a certain thing of a particular person from it.

Proceeding from this, it is often possible to meet such a definition of the type of property in question, as a non-equity one. There is no doubt that in the division of property, each of the participants has a share in the right of common ownership. It is more difficult to determine the right to this share. The law stipulates that the owner of the property owns a share of all property. Such an approach to the disclosure of the essence of the right of the subject of common-ownership property has its advantages. Firstly, it is said that the power of each owner is not limited to the fixed part of the common property, but has an effect on the whole thing. Secondly, there is a direct indication that the thing is the object of the right. Thirdly, since the powers of other owners also apply to property in general, the question of whether property is multi-subject does not arise.

But attempts to reveal the essence of the right, which belongs to the participant of the type of property under consideration by means of an ideal or real share, are less successful. The real share is a physically separate part of the property that belongs to someone from the co-owners. Such a design leads to the substitution of multi-subject property for a single-subject property. And the essence of common property is that several entities acquire the right to own the same object of the material world.

The form of the ideal share, which translates the right to a share in property to the expression of value, is completely unsuitable. It leads to the abolition of the thing as an object of common property, and as a consequence, the change of the type of law under consideration is an obligation. These designs do not disclose the notion of common property and lead to the elimination of common property as a separate legal institution. The shared property of general purpose arises on the grounds, which are determined by law or contractual relations. Note that the list of grounds that are specified in the law is not exhaustive. In addition, by agreement of the participants of the type of property under consideration, in the case of lack of consent, the decision of the judicial authority on common property may determine the order of shared ownership.

Thus, it turns out that there can be a transfer of property from the concept of a common joint-to-order shared property of general purpose. This is a summary of such a concept in legal science, as the law of common property.