On the Elimination of the Dissonance of Legal and Individual Regulation of Relations on the Acquisition of Shared Ownership

Abstract

The interaction of legal and individual regulation of legal relations should be natural. A review of judicial practice and the rules of law governing the acquisition of common shared property demonstrates their dissonance. In this regard, the science of civil law has a goal: to identify the cause of inconsistency and indicate the right way to develop relations for the acquisition of shared ownership. As a result of using the generalization method, it is suggested that the main cause of the disorder is the imperfection of the currently existing concept that considers a share as part of a right or part of a thing. In this regard, it is proposed to move on to the concept of a collective, which proceeds from the fact that the owner of a common thing is a collective, and individual participants have the right to shares, which confirms membership, provides the opportunity to manage common affairs, as well as taking possession of a part of the thing. To test the hypothesis, the relations on the acquisition of common property are taken and their main problems are identified using the analysis (decomposition) method: 1) acquisition of the right of common ownership of the newly created object; 2) by virtue of the acquisition statute of limitations; 3) by crushing the sole ownership right and 4) crushing the shares. Then, using the method of comparison, in relation to each of these problems, it is explained why it cannot be solved through the prism of the dominant theory of the share in the right and how useful a view of the relations of common property from the standpoint of the theory of the collective is. In conclusion, it is concluded that the dissonance of the legal and individual regulation of relations for the acquisition of shared ownership is eliminated by changing views on the share and moving to a collective concept, otherwise explaining the entire structure of the relations of shared ownership.