On the Need for a Unified Concept of the Share from the Standpoint of Legal and Individual Regulation of Legal Relations of Common Ownership

Abstract

One of the most complex civil law relations are the relations of common shared ownership, which is due to the presence of such an object as a share in them. The integrity of the relations of common shared ownership should be ensured by a common understanding of the share in the law and judicial practice, without which a harmonious combination of legal and individual regulation of these relations is impossible. The purpose of the study is to find out whether the share is equally understood in law and judicial practice, and whether there is a need to develop a unified concept of the share from the standpoint of individual and legal regulation of legal relations of common ownership. To achieve this goal, a number of tasks have been solved: the current civil legislation in the part containing the definition of the share has been analyzed; judicial practice has been summarized in the same part and the scientific literature has been reviewed. Accordingly, methods of analysis, synthesis, generalization, induction, and comparison were used. In conclusion, it is concluded that the law and judicial practice understand the share in the right of common ownership differently. The law establishes that the share is part of the right, but at the same time indicates the share as an ideal part of the thing. Judicial practice adds that a share can be a thing (a real part of a thing) or a part of the value. This state of affairs testifies to the discord between the legal and individual regulation of the studied relations, which is theoretically unacceptable and practically counterproductive. In this regard, the science of civil law has a task: to develop a unified concept of a share that would not relate to the concept of a “share in the right”, “a real or ideal part of a thing”, as well as a “share in value”, since they have not fulfilled their task of creating a coherent structure of shared ownership relations.