| Abstract [eng] |
SUMMARY PECULIARITIES OF THE EXERCISE OF CO – OWNERS’ RIGHTS AND DUTIES Co – ownership is the type of individual co – ownership. Co – ownership can be common partial ownership or common joint ownership. Common partial ownership is ownership when shares of each co-owner are established in the co-ownership, while common joint ownership right is ownership when such shares are not established. The purview of exercise of the owners’ rights was the main discrepancy, which determined the separation between individual co – ownership and co – ownership. The owners of individual ownership implement their rights considering the law and the rights and concerns of third parts. The owners of co – ownership exercise their rights considering the law and the rights and concerns of third parts and other co – owners (the consistence of concerns). Such a determination influenced some peculiarities of the co – owners’ rights and duties and their exercise. The common elements of shared ownership are defined in the Civil code of the Republic of Lithuania, in the fourth book (tangible law), V chapter, section four. The specific elements of shared ownership are defined also in the Civil code of the Republic of Lithuania and in other legislation - Homeowners’ association law and Gardeners’ association law. The common joint ownership exists only while talking about marriage and the joint ownership assert as statutory legal regime of property of spouses. The third book (family law), VI chapter, second section in the Civil code of the Republic of Lithuania regulates common joint ownership. The legal relations between co – owners are confusing because the object subject to common partial ownership is possessed, used and disposed of by a common agreement of co-owners. Such the exercise of the owners’ rights is inefficiency and complicated. According to these reasons the legislator determined the peculiar rights and duties of co – owners and the peculiar exercise of co – owners’ rights and duties. Considering to what was mentioned and also according to the theme and purpose of the work, the peculiarities of rights and duties of common partial ownership of owners of flats and other premises, of common partial ownership of owners of garden – plots, of joint ownership of spouses and of other essentials for co – ownership to appear and the exercise of all these rights and duties are analysed in this work. More attention was paid to confusing and tricky co – owners’ rights and duties and to their specific exercise. Most common problems were analysed and summed up. The recommendations and solutions were supplied. |
