In relation to property owned by him. The owner's right to dispose of his property. Ownership and other proprietary rights to residential premises

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Property owner

The owner has the right to dispose of the property at his own discretion. However, there are cases when a ban is imposed on objects. This measure is temporary and may be associated with legal disputes, inheritance, and bank debts.

Property means not only owned real estate, but also transport, personal belongings, business and the like. Therefore, the concept of property owner is much broader than we can imagine.

Attention! The owner of the property can be either an individual or a legal entity. For example, if a company belongs to one person, then material assets, cars, machinery, equipment used in the production process belong to the entire organization as a whole.

Ownership must be documented. If the owner receives a check for small goods, then for large objects it is necessary to obtain a special document. Ownership is registered in state register. For example, having bought an apartment for an individual, it is necessary to submit documents to the territorial division of the Unified State Register of Real Estate (USRN).

Owner and possessor are different concepts. An owner is a person who has the right to dispose of property at his discretion. The owner is a natural or legal person who owns a thing.

That is, he can dispose of the property under a lease agreement, social hiring. However, he cannot sell, donate, or exchange objects. This is the difference between owner and possessor.

Responsibilities for maintaining the property rest solely with the owner. For example, contributions to major renovation It is not the tenant or tenant who pays, but the one who actually owns the property.

The owner is also obliged to maintain the property entrusted to him, but within the framework of the concluded agreement. For example, a tenant has the right not to pay for major repairs, but payment utilities falls on his shoulders in accordance with the law Russian Federation. The owner can include in the contract a clause according to which the payment of contributions for major repairs is the responsibility of the tenant.

A company is a large property, the owner of which can be either one or several people. If an organization has several owners, then it is divided between them in proportional shares. Shares are usually determined by the volume of shares or the amount of contribution to the authorized capital.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues.

The government of the Russian Federation has provided several legal forms for doing business.

These include:

  • individual entrepreneurship, private enterprise (IP, PE) - the owner is usually one person. In fact, it is not a legal entity. In simple terms– this is a person who decided to work for himself;
  • A limited liability company (LLC) is a legal entity. The owner is one or more people. The main difference is the proportional distribution of responsibility between the participants according to the available shares;
  • closed and open joint stock company(ZAO, OJSC) – legal entity. There are several owners. They are called shareholders. There is a closed legal form, when it is difficult to become a participant, and an open one, when anyone has the right to purchase shares;
  • cooperative There are a lot of cooperatives in Russia. There are usually several owners. However, one person can organize a cooperative. Its main advantage is the ease of management economic activity. Owners pay taxes according to a simplified scheme. The activity practically does not require the participation of an accountant. There are several types of cooperatives: credit, agricultural, industrial, combined;
  • partnership. A less common type of organizational legal form of a company. Responsibility is distributed practically on trust. Everyone is equally responsible for the losses and receives an equal share of the profits.

To distinguish legal forms and legal entities and individuals from each other, you should refer to the articles Civil Code Russian Federation. It contains basic information that will help determine the type of liability, as well as the proportionality of ownership of common property.

Shares and shares in a company can be purchased for a certain price. However, parts of an organization are not always sold. This happens when a closed joint stock company is formed. In this case, you can become an owner only by receiving a share by inheritance or by purchasing it from another participant.

Important! The owner bears full responsibility for the property belonging to him. However, when concluding a lease agreement, part of the responsibility falls on the shoulders of the tenant. The fact is stated in the contract.

Owner's powers

The rights of the owner are a type of legal ownership.

They are divided into three groups:

  • possession implies complete possession of property. That is, property belongs to a person according to official documents;
  • use implies the full use of one’s property at one’s own discretion. The owner has the right to use the objects for their intended purpose or transfer the right of use to other persons;
  • disposition is a decision made by the owner regarding the property. He can independently use the objects for their intended purpose, he can donate them, bequeath them by inheritance, sell them, exchange them, and the like.

The rights of the owner are inseparable from each other. Alienation involves the termination of full ownership rights. The holder receives only a few powers out of all. For example, the order does not apply to the tenant. He has the right only to use the property for its intended purpose. He does not own or manage the property.

Ownership

Possession is complete possession of property. According to it, the owner has the right to take any legally important actions in relation to the property that do not contradict the Laws of the Russian Federation.

The right of ownership is regulated by the Civil Code of the Russian Federation. For example, Articles 260-287 of the Civil Code of the Russian Federation determine the powers of the owner in relation to ownership of a land plot.

Ownership appears on the basis of the following documents:

  • purchase and sale agreement;
  • barter agreement;
  • deed of gift;
  • certificate of inheritance.

Ownership is confirmed by mandatory registration in government agencies Russia.

Please note! If a citizen has ownership of a land plot, it is assumed that he owns all the objects located on it: houses, buildings, structures, reservoirs, natural areas, etc.

If an ordinary person finds a mineral on his land, he has the right to receive a share of the profits from its extraction.

The owner has the right to use the property at his own discretion. Relatives receive only the right to use. For example, if the apartment is owned by the husband, then the children and wife do not have the right to sell it or exchange it. From a legal point of view, they can only reside in it and conduct economic activities.

Right of use

The right of use presupposes the full use of the property by the owner until it is completely worn out. So, for example, if you own an apartment, then the owner has the right to use it until he sells it, or until the house falls into disrepair.

However, if the owner owns the land on which the minerals are located, then the owner can extract them and make a profit from them.

Wear and tear of property is legally called depreciation. With each year of use, the value of the object decreases by the depreciation percentage.

The rights of tenure and use are closely related. One cannot exist without the other. So, for example, a person will not be able to use an apartment if he does not own it, which is certified by documents.

Not only the owner, but also the holder can use the property. For example, if a citizen has rented premises, then he can use it for its intended purpose.

Watch the video. Acquisition of ownership:

Right of disposal

The right of disposal is reserved only to the owner. He can exclusively sell, exchange, donate, or bequeath the property belonging to him.

You can manage not only material objects, but also intangible values. For example, copyright, patent for the use of logo and so on.

The right of disposal comes:

  • after receiving property by inheritance;
  • after acquisition according to the purchase and sale agreement;
  • after concluding an exchange agreement;
  • after the privatization of state property.

Remember! The right of disposal does not allow owners to take actions in relation to property that could lead to injury or damage to the property of others.

The right of disposal is secured by special documentation and reflected in normative legal acts RF. For example, the right to dispose of an apartment is enshrined in the Unified State Real Estate Register (USRN).

The Civil Code of the Russian Federation is the main document that regulates the right of disposal of the owner.

Responsibility

The right of possession, use and disposal are not all the powers that the owner has. He is also responsible for the safety and maintenance of objects.

Each owner bears full responsibility for the property. If the object breaks down, the owner repairs it himself. If a disaster or accident occurs because of an object, only the owner of the property is responsible for the consequences.

So, for example, if a shopping center caught fire, the owner of the building will bear full responsibility for the incident before the law of the Russian Federation.

The owner pays taxes if it is expected to make contributions to the Federal Tax Service of Russia for the possession of objects. Such a fee is transport tax, payment of which is mandatory for all car owners.

In addition, real estate and land are subject to taxes. Once a year, the owner is required to contact the territorial division of the Federal Tax Service to pay fees.

If the owner independently destroyed the property, then no one is obliged to compensate for the losses. All responsibility lies entirely with the owner.

Subjects and objects of law

Property rights are divided into several types depending on its form of ownership. In Russia there are several such forms of ownership.

Important! These include:

  • legal ownership - the owner is one or more persons forming a company (OJSC, LLC, CJSC, etc.);
  • private property – ownership of property by one or more individuals. Only the one indicated in the legal documentation as the owner has the right to dispose of it;
  • religious property - property owned by churches and other spiritual companies whose activities do not contradict the current Legislation of the Russian Federation;
  • public property – property owned by public organizations whose activities are regulated by regulatory legal acts of the Russian Federation;
  • State property is property owned by the state. In another way it is called municipal property;
  • Joint ownership involves the ownership of property by several persons of different legal forms. For example, an apartment may belong to both an ordinary citizen and a company in proportional shares.

The subject of law is the owner of the property, who is such on the basis of official documentation. The object of the right is the property itself in respect of which the right is recognized.

The regulation of law in relation to each subject occurs in the same way. The legislation of the Russian Federation does not provide for the definition of relationships depending on the owner.

The presence of an object implies ownership. Every property has an owner. Property that has lost its owner is transferred to the state housing stock.

Forms of ownership

The form of ownership is a type of property right over an object.

It comes in several types:

  • state property - property owned by the state, municipalities, constituent entities of the Russian Federation;
  • private property - property owned by one or more citizens of the Russian Federation or legal entities.

There are other legal forms, but these are often used generic concepts. For example: religious property, public property and the like.

State property includes all property that belongs to it on the basis of regulatory documentation. In addition, the state owns all minerals, lands, and water bodies.

Attention! Municipal property includes buildings and structures owned by the subject on the basis of legal documentation. Most often, the state allocates part of the property from its fund to the ownership of municipalities.

Private property includes property that belongs only to people. That is, the person who opened the company is already a legal entity, but the property still remains private.

Private property is divided into several types depending on the owner:

  • individual property. In another way it is called seed property. It belongs to an individual or family;
  • non-excise property. A type of property that belongs to legal entities. According to legal documentation, owners have the right to carry out commercial activities;
  • joint stock property. A type of property owned by several owners or shareholders. The owner is a legal entity. Each shareholder has a proportionally equal share;
  • public property. A type of property owned by an entire organization founded on personal beliefs and interests. The activities of companies are not aimed at making a profit;
  • mixed form of ownership - a type of property rights when the owner is not only individual, but also an organization, a state. There are a lot of combinations. Each of them has the opportunity to exist in the Russian Federation.

Property has worried the minds of people throughout the existence of mankind. The development of the latter is directly related to this concept. Thanks to the existence of the institution of property and rights to it modern society is actively developing. In this context, disposition is an integral part of all economic processes.

Ownership

Concepts such as “mine” and “yours” make it possible to determine the meaning of the word “property” in everyday life. That is, these are behavioral relationships between people determined by social order (traditions, laws, rules, norms, customs, etc.) that arise in connection with the acquisition and use of goods.

Legally, property rights are a set of legislative norms that secure the appropriation of property

Triad of powers

Traditionally in Russia there is a subjective idea. The Civil Code of the Russian Federation (clause 1, article 209) is disclosed by the so-called triad of powers. It follows from it that possession, use, disposal are powers regulated by law. In other words, this is a legally supported opportunity to own, maintain, and use property. The essence of powers is the ability to exploit property by extracting from it useful properties.

When analyzing the powers associated with property, one should clearly distinguish between possession (actual control over property) and the right of possession (the real right to have this thing with oneself). The use differs similarly (extracting necessary properties things) and the right of use (real right to benefit from property). The right of disposal is strikingly different from these concepts. It occupies a special place in the triad. From the point of view of many scientists, disposal is the basic, most significant right, without which property as such has no meaning.

Power of disposal

Each owner has a legally secured ability to dispose of his property, as well as the rights to it. The main condition in this case is the compliance of his actions with the law and other regulations.

In accordance with civil law, the disposal of property is the power of the owner, which gives him the opportunity to perform any legal actions with the property he owns at his own discretion. Including:


Disposal of ownership of property

It is often mistakenly believed that an order is a right of alienation. Indeed, these two concepts are related to each other. However, not every order is related to or is an alienation. For example, registering an item for rent or rental. This is an order, but at the same time it is not alienation. These two concepts are similar as genus and species. Therefore, disposition is any alienation.

In addition, he can voluntarily renounce his rights to his property. At the same time, he loses the opportunity to resume the actions of use, possession and the right of disposal. This power is provided for by law, and the refusal must be expressed in an unambiguous manner.

Limitation of powers of disposal

The owner may have limited rights. The order may be reduced, for example, in cases of arrest, unlawful possession of another person, bail or other circumstances. However, then the owner is not deprived of his authority, but only cannot exercise it for a certain period of time.

In addition, according to paragraph 5 of Article 55 of the Constitution of the Russian Federation, it is possible to limit the rights and freedoms of a citizen exactly to the extent necessary to protect the constitutional system, health, interests of other persons, morality, etc. Taking this into account, we can conclude that that only on the basis Federal laws it is possible to restrict the right of ownership in general and disposal in particular.

At the same time, any restriction has its limits. The established framework should not be arbitrary, but dictated solely by necessity. All such restrictions must meet the requirements of fairness, expediency, legality, and proportionality.

The main motives for limiting property rights are the finiteness of natural resources, housing shortages, reducing the consequences of using sources of increased danger, sanitary standards and more.

It is unacceptable to restrict the right to dispose of property for the purposes of unhealthy competition, creating a threat, or protecting the illegal interests of citizens.

Legal characteristics of funds

The subjects are assigned the right of ownership of property (tangible and intangible). The legislator defines funds as (part 1 of article 302, part 1 of article 307 of the Civil Code), and therefore they participate in civil legal relations. The bulk of money is in circulation and constantly moves between subjects of legal relations, some of which lose ownership, while others acquire it.

Order in cash- this is the opportunity to manage them as a universal means of payment for goods and services. Money itself has no use value. Their value is determined through the exercise of the owner’s powers of disposal.

Property is the attitude of a person to a thing belonging to him as his own, which is expressed in the possession, use and disposal of it, as well as in the elimination of interference of all third parties in the sphere of economic domination over which the power of the owner extends.

The content of the right of ownership includes three powers: 1) possession is the ability based on law to have a thing in one’s possession; 2) use is the ability to carry out economic exploitation of a thing by extracting its useful properties from it; 3) disposition is the ability to determine the legal fate of a thing by performing any actions permitted by law (Article 209 of the Civil Code of the Russian Federation).

The owner has the right, at his own discretion, to take any actions in relation to his property that do not contradict the rules of law and do not violate the rights of other persons.

Methods of acquiring property rights, depending on whether one or another method is based on succession, are divided into:

1) initial ones, based on which there is no succession - this is the creation of a thing (clause 1 of Article 218 of the Civil Code of the Russian Federation), the collection of publicly available things (Article 221 of the Civil Code of the Russian Federation) (for example, fishing), the acquisition of ownership of ownerless things (clause 3, Art. 218, Art. 225, Art. 226 of the Civil Code of the Russian Federation), find (Art. 227-229 of the Civil Code of the Russian Federation), treasure (Art. 223 of the Civil Code of the Russian Federation), etc.

2) derivatives that are based on succession - this is the acquisition of property under a contract, by inheritance, nationalization (clause 2 of Article 235, Article 306 of the Civil Code of the Russian Federation), etc.

Termination of ownership can be:

1) At the will of the owner: transactions, waiver of ownership, etc.

2) Contrary to the will of the owner - only in cases expressly specified in the law (clause 2 of Article 235 of the Civil Code of the Russian Federation). In this case, the termination of ownership can be either with compensation to the owner for losses caused by the seizure of the thing (for example, requisition, forced purchase of mismanaged cultural property), or without it (for example, confiscation, destruction of the thing).

Depending on the type of subject, the Civil Code of the Russian Federation distinguishes following forms property: state (Russian Federation and its constituent entities), municipal (urban and rural settlements) and private property (individuals and legal entities) (Article 212 of the Civil Code of the Russian Federation).

Depending on how many persons own the right of ownership of a thing, there are:

1) single-subject ownership - when the ownership of a thing belongs to one person;

2) common property - when the right of ownership of a thing simultaneously belongs to several persons (Article 244 of the Civil Code of the Russian Federation). This type ownership rights are divided into:

a) common shared ownership is the right of ownership of two or more persons to one property with the determination of each person’s share in the right of common ownership;


b) common joint property is the right of ownership of two or more persons without predetermined shares (for example, the legal regime of property of spouses).

Common ownership of property is shared, except for cases where the law provides for the formation of joint ownership of property (clause 3 of Article 244 of the Civil Code of the Russian Federation).

The main means of protecting property rights are:

1) A claim for the recovery of property from someone else’s illegal possession (vindication claim). In accordance with Art. 301 of the Civil Code of the Russian Federation, the owner has the right to reclaim his property from someone else’s illegal possession. To bring this claim, a number of conditions must be simultaneously met:

a) the owner must be deprived of actual control over his property, which has left his possession;

b) it is necessary that the property that the owner has lost be preserved in kind and be in the actual possession of another person;

c) property that has left the owner’s possession must be individually determined;

d) the owner and the actual owner of the thing must not be bound to each other by an agreement or other obligatory legal relationship regarding the disputed thing.

As stated above, the right to vindication belongs to the owner who has lost possession of the thing. However, along with it, reclaim property from someone else’s illegal possession in accordance with Art. 305 of the Civil Code of the Russian Federation can also be a person who, although not the owner, owns the property by virtue of law or agreement (for example, a tenant, custodian, etc.).

2) A claim for elimination of violations not related to deprivation of possession (negative claim). In accordance with Art. 304 of the Civil Code of the Russian Federation, the owner may demand the elimination of any violations of his rights, even if these violations were not associated with deprivation of possession. That is, this remedy is used when the property is owned by the owner, but another person creates any obstacles to the use or disposal of the property. Moreover, this claim is brought only when the owner and the third party do not have an obligatory or other relative relationship with each other regarding the disputed thing and when the committed offense did not lead to the termination of the subjective right of ownership. The right to a negatory claim belongs to the owner, as well as to a person who, although not the owner, owns the property by virtue of law or agreement (Article 305 of the Civil Code of the Russian Federation).

3) Claim for recognition of property rights. The basis for the allocation this tool protection of property rights is Art. 12 of the Civil Code of the Russian Federation, which states that the protection of civil rights is carried out, among other things, through the recognition of rights. The subject of this claim is the court's determination of the fact that the plaintiff owns property rights.

The above means of protecting property rights relate to property rights and are characterized by the fact that they are aimed directly at protecting property rights as an absolute subjective right and are not associated with any specific obligations. However, there are other means of protecting property rights. For example, legal obligations - the claims that constitute them do not stem from the right of ownership as such, but are based on other legal institutions and subjective rights corresponding to these institutions (a claim for compensation for damage caused to the owner, for the return of things provided for use under a contract, etc. ).

1. The owner has the rights to own, use and dispose of his property.

2. The owner has the right, at his own discretion, to take any actions in relation to his property that do not contradict the law and other legal acts and not violating the rights and interests protected by law of other persons, including alienating one’s property into the ownership of other persons, transferring to them, while remaining the owner, the rights of ownership, use and disposal of property, pledging property and encumbering it in other ways, disposing of it in other ways .

3. Possession, use and disposal of land and other natural resources to the extent that their circulation is permitted by law, are carried out by their owner freely, if this does not cause damage environment and does not violate the rights and legitimate interests of other persons.

4. The owner can transfer his property into trust management to another person (trustee). The transfer of property into trust management does not entail the transfer of ownership rights to the trustee, who is obliged to manage the property in the interests of the owner or a third party specified by him.

Comments on the article

1. Property rights are a measure of the possible behavior of a subject of civil transactions in the exercise of his power and in his interest the powers to own, use and dispose of property. The concept according to which the content of property rights is revealed through the “triad of powers” ​​goes back to the tradition of Roman private law. Other powers of the owner, the need to introduce which into the definition of the concept of property rights has been proposed at different times in science civil law, such as “management” of property or its “separation”, first of all reveal the economic nature of property relations and are private aspects of the “triad”.

Ownership is absolute and exclusive right. The owner has the right to claim that any of the participants in civil transactions surrounding him will refrain from arbitrary interference in his property sphere. Russian civil legislation, in contrast to the Anglo-American legal model, does not allow the coexistence of equal rights, called property rights, in relation to the same property. In accordance with Art. 35 of the Constitution of the Russian Federation, no one can be deprived of their property except by a court decision.

2. The right of ownership consists of a legally secured opportunity to possess and control property, exercised legally and in good faith by the owner. The right of ownership can also be exercised by a person who is not the owner: owning property on the right of lifelong inheritable ownership, economic management, operational management, or on another basis provided for by law or agreement, as well as by acquisitive prescription. Despite the fact that Russian civil legislation does not use an independent concept of ownership, actual ownership of property often plays a constitutive role in civil legal relations. It legitimizes the subject to bring claims in rem (see commentary to Article 301, Civil Code); in the presence of a set of conditions, it serves as the basis for acquiring ownership rights (see commentary to Article 234 of the Civil Code). In judicial arbitration practice, in the absence of sufficient evidence of title (i.e. legal basis possession) in relation to a thing, a preferential position, as a rule, belongs to the person who actually owns the property (this is how the concept of possession, formulated in the 19th century by the German civilist Iering, as an “outpost” of property rights, is implemented). The acquisition of actual ownership of property is usually associated with the transfer of ownership from one person to another. The creditor may withhold in the manner provided for in Art. 359 of the Civil Code, only property in respect of which he has the right to own. Whether the owner has the ability to adequately exercise economic ownership and control over the property under the circumstances significantly affects the possibility of full implementation of the powers of use and disposal.

The right of ownership can be part of both real rights (see commentary to Article 216 of the Civil Code) and obligatory rights (for example, the rights of a tenant, borrower, tenant of a residential premises, custodian, etc.)

Actual possession can only be exercised in relation to things in kind. The concepts of “ownership of property rights” and “ownership of intangible benefits” are devoid of practical meaning. 3. Distinguish between legal and illegal possession. Legal possession, including the possession of the owner, is carried out on the basis of title, but title possession, as opposed to the possession of the owner, is usually called the legal possession of a person who is not the owner, carried out on the basis provided by law or contract. Non-title ownership general rule illegal, but possession by prescription (Article 234 of the Civil Code), by its nature non-titled, is protected by law and therefore is rather a surrogate for legal possession. Sometimes they also talk about natural possession, which means instant short-term possession of a thing, with which the law does not bind independent legal consequences(for example, the viewer’s natural possession of a chair in a theater hall for the duration of the performance; the tenant’s natural possession of property transferred only for use). On the concept of fair and bad faith possession, see commentary. to Art. 234 Civil Code.

4. Use is a legally secured opportunity to extract useful properties from a thing during its operation. The use of a thing can be carried out either by the owner or by another person to whom the owner has delegated this power along with the right of ownership or with the provision of access to the thing through natural possession. Illegal use is a form of illegal behavior, the consequences of which can be either a claim for damages in the form of compensation for harm caused or acquired unjustifiably, or, in some cases, bringing the offender to administrative or criminal liability.

The process of using a thing in any case presupposes its wear and tear, the intensity of which is determined by the characteristics of the thing and its functional purpose. Consumable items are subject to the most rapid (often immediate) wear and tear, even destruction. The destruction of a consumed thing during its operation in a normal, ordinary mode mediates the exercise of the right to use, and not to dispose, and only if the owner’s goal is not only (or not so much) to extract useful properties from the consumed thing, but also to terminate its existence (as this took place in the behavior of a famous literary character who slaughtered cattle in order to avoid its socialization), we can talk about the simultaneous exercise of the powers of use and disposal.

The extraction of beneficial properties from the fruits of a thing (in Roman law - jus fruendi) is covered by the content of the right to use.

5. The content of the power of disposal consists in the legally secured possibility of determining the actual and legal fate of a thing. It can be temporary (renting property, making it as collateral) or final in nature (alienation under an agreement on the transfer of property into ownership, making it as a contribution to authorized capital, destruction); be unconditional or conditional (alienation under an agreement on lifelong maintenance with dependents). Forms of disposal of property can be the destruction of a thing (see previous paragraph comment) and waiver of ownership rights (see.

Civil Code, N 51-FZ | Art. 209 Civil Code of the Russian Federation

Article 209 of the Civil Code of the Russian Federation. Contents of property rights (current edition)

1. The owner has the rights to own, use and dispose of his property.

2. The owner has the right, at his own discretion, to take any actions in relation to his property that do not contradict the law and other legal acts and do not violate the rights and interests protected by law of other persons, including alienating his property into the ownership of other persons, transferring it to them, while remaining the owner , the right to own, use and dispose of property, pledge property and encumber it in other ways, dispose of it in any other way.

3. Possession, use and disposal of land and other natural resources, to the extent that their circulation is permitted by law (Article 129), is carried out by their owner freely, if this does not cause damage to the environment and does not violate the rights and legitimate interests of other persons.

4. The owner can transfer his property into trust management to another person (trustee). The transfer of property into trust management does not entail the transfer of ownership rights to the trustee, who is obliged to manage the property in the interests of the owner or a third party specified by him.

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Commentary to Art. 209 Civil Code of the Russian Federation

Judicial practice under Article 209 of the Civil Code of the Russian Federation:

  • Decision of the Supreme Court: Determination N 46-КГ16-22, Judicial Collegium for Civil Cases, cassation

    Court appellate court upheld the decision of the court of first instance and indicated that since the purchase and sale agreement dated March 27, 2015 was not concluded with the owner of the car and against his will, the court correctly based on paragraphs 1, 2 of Article 209, paragraph 1 of Article 454 of the Civil Code of the Russian Federation The Federation declared the said purchase and sale agreement invalid...

  • Decision of the Supreme Court: Determination N 84-APG16-3, Judicial Collegium for Civil Cases, appeal

    The contested provisions, in the opinion of the administrative plaintiff, contradict paragraphs 1 and 2 of Article 209 of the Civil Code of the Russian Federation, since these provisions limit his rights as an owner land plots; on these land plots he is prohibited from carrying out economic activities, building infrastructure for this...

  • Decision of the Supreme Court: Determination N 309-ES16-1899, Judicial Collegium for Economic Disputes, cassation

    Under these circumstances and on the basis of the provisions of paragraph 1 of Article 8.1, paragraph 1 of Article 131, Articles 209, 244 of the Civil Code, Part 1 of Article 2 of the Registration Law, the conclusions of the appellate court on the ownership of the Loza company of a share in the amount of ½ in the general right shared ownership the disputed premises are legal...

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