LEGAL ISSUES OF JOINT PARTIAL OWNERSHIP OF LAND
Journal: International Scientific Journal "Internauka" (Vol.2, No. 87)Publication Date: 2020-05-15
Authors : Mylonenko Yulia;
Page : 60-64
Keywords : land; land plot; right of ownership; common share ownership; co-owners; Land Code; right of land use;
Abstract
The legal nature of the institute of common ownership and its practical application in the process of regulating land relations are analyzed in the article. The approaches of scientists to the understanding of property right and land ownership are given. The composition of subjects of legal relations of the common share ownership of a land plot is being investigated. The main classifications of the grounds for acquisition of joint partial ownership are given. Grounds for acquisition of title to a land plot by the state shall be given. The specifics of the state as the subject of land ownership are revealed. In the course of research of legal norms in the aspect of this issue, it was established that the state, as well as individuals, legal entities and local self-government bodies may become co-owners of a land plot, but it would be extremely problematic to actually exercise such right without limiting the rights of co-owners. The right of common share ownership of land plots is defined as a complex legal institution, by its construction it is an institution of civil law, and by the subject of regulation — land and agrarian law. It is proposed to introduce a separate section in the Land Code, which will specify the grounds for acquisition and termination of ownership, as well as the procedure for exercising this right in the process of interaction between different categories of subjects of ownership of land plots.
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