ОТКАЗ ОТ СУБЕКТИВНИ ВЕЩНИ ПРАВА ВЪРХУ НЕДВИЖИМИ ИМОТИ – СЪЩНОСТ, ФАКТИЧЕСКИ СЪСТАВ И ПРАВНО ДЕЙСТВИЕ
WAIVER OF SUBJECTIVE PROPERTY RIGHTS OVER REAL ESTATE – SUBSTANCE, FACTUAL COMPOSITION AND LEGAL EFFECT

Summary/Abstract: The present study discusses issues related to the relinquishment of the right to property, provided for in Art. 100 of the Property Law, and of property rights over a third party’s property as legally regulated manner of disposing of the right to property. The aspect in consideration is the two-element mixed factual composition of the renunciation of the property right, provided for in the law: the unilateral declaration of will of the holder of the right, aimed at its termination on a given immovable property and its registration. A general consequence of the renunciation is that the property becomes unowned, but there is no direct regulation by whom and by what means it is acquired. Both the relinquishment of a co-owner of their ideal part of property and the relinquishment of an owner solely of their ideal part of property have been considered. The emphasis of the exposition is placed on the effect of the entry of the waiver of a subjective right, as well as on the consequences of an actual waiver of a property right under Art. 100 of the Property Law, mainly on basis of whom the right belongs to after such a waiver. Inquiry is placed on the suggested permits, that the properties, for which a consent is given to waiver of property rights: increase the shares of the other co-owners; remain unowned and subject to conquest; become state, respectively, municipal property. An original claim that such properties become state/municipal property is substantiated by application by analogy of Art. 11 of the Law of Succession and of texts of particular laws, apart from the foreseen prospect for the municipality to seize the property and acquire it by prescription.

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