| Abstract [eng] |
The implementation particularities of ownership in indivision – the type of common ownership that is presupposed by plurality of owners towards one particular object, is being researched by this master thesis. Intercommunity in object of ownership in indivision restrains the freedom of co-owner in implementing the rights to article and thereby determines the duality of legal relations of ownership in indivision – first of all, the internal relations between the co-owners emerge which are understood as the rights and obligations towards each other, whereas all the co-owners implement the relations towards the third persons as one subject – in this instance external legal relations of ownership in indivision occur. Implementation peculiarities of rights and obligations by co-owners are evidenced not only by statutory restrictions and rights of other persons – the rights of co-owner are restricted by the owners as the same co-owner, therefore the implementation of ownership in indivision is related to coordination of interests by the co-owners. Namely this restriction and duality of implementation of (external and internal) relations of ownership in indivision mainly condition the specific regulation of implementation of rights and obligations of subjects of ownership in indivision and the appropriate interpretation of such regulation. The mode of common ownership determined by the legal norms is exactly designated to coordinate different interests of the co-owners towards the same article. The objective of thesis – to provide the conception of common property law and to analyze the implementation peculiarities of rights and obligations by subjects of ownership in indivision pursuant to the case law of the Supreme Court of Lithuania, by disclosing particularities of ownership in indivision law and revealing the main differences over personal ownership. The statutory rights and obligations of co-owners are analyzed in the thesis, by disclosing its practical problems of implementation. In order to provide comprehensive analyses, the peculiarities of common ownership of multi-flat dwellings’ owners are researched. |
