УВЕДОМЛЕНИЕ О ПРОДАЖЕ ДОЛИ В ПРАВЕ ОБЩЕЙ ДОЛЕВОЙ СОБСТВЕННОСТИ КАК ЮРИДИЧЕСКИ ЗНАЧИМОЕ СООБЩЕНИЕ

Abstract

This paper deals with a new phenomenon for the Russian system of justice - legally relevant notice in the context of determining its legal nature on the example of the sale notice of share of joint property. The authors analyze separately and in their interconnection the theoretical problems concerning both the legal nature of legally relevant notice and the sale notice of the share of common property to a third party. The authors suggest that in case of the need to ensure adequate protection of the rights of co-owners, it is significantly important to consider the sale notice of a share of joint property as a legally relevant notice. The methodological basis of the study is a set of general scientific and private scientific methods: system-structural analysis, formal legal, comparative legal, logical and other methods.
 
 
 The scientific novelty of the research is that the authors, on the basis of theoretical conclusions, legislative acts and judicial practice, proposes to consider the sale notice of the share of common property to a third party as a special case of legally relevant notice, due to the normative content of Art. 250 of the Civil code. The authors also refute that the legally relevant notice is a quasi-transaction.
 
 During the study, the authors come to the following conclusions: the sale notice of share of common property to a third party can not be an offer; legally relevant notices are part of the civil protection mechanism, and their legal effect should be associated with the principle of good faith; it is necessary to make some changes in the current civil legislation.