Добровольное прекращение ограниченных вещных прав на жилые помещения

Abstract

The article describes the voluntary termination of property rights to residential premises. These are the features common to all restricted property rights to residential premises that determine the qualification of actions to waive these rights. Attention is drawn to the almost complete legislative regulation procedure absence for renouncing these rights, as well as the legal consequences that it entails. The authors conclude that the absence of provisions on refusal in the housing and civil legislation calls into question the fact that the will of the owner of a limited property right leads to its termination. The article analyzes the arguments expressed in the legal literature in favor of the need to obtain the consent of the owner to waive the limited property rights, justifies the inadmissibility of their use in relation to the limited property rights to residential premises, and illustrate the approach of the enforcement authorities, allowing the analogy of the law in waiving the right of a family member of the owner of the premises and of the legatee of the dwelling. According to the authors` opinion at the present time there is the lack of sufficient judicial practice on refusal in relation to the rent recipient. The authors criticize the application of Article 83 of the Housing Code of the Russian Federation, which regulates relations arising from the contract of residential premises social rental to relations in the sphere of limited property rights to residential premises. Attention is drawn to a small number of court decisions on the refusal of the annuity recipient`s subjective right.