Деякі питання, що постають при здійсненні прав на спільне майно
Article deals with a number of problems related to the understanding of theright to a share through the prism of its civil law nature. Is compared the right toshare in the collective agricultural enterprise with the right to a share in the chartercapital of the economic society. It is proved that they are both property rights.Right to a share can be converted into the right to property when the propertystands out from the collective agricultural enterprise. Person who acquires ownershipof the property, loses the right of membership in the enterprise.Recession of a member from the collective agricultural enterprise withseparation of the property is carried out in proportion to his share. Separation ofproperty to the member of the collective agricultural enterprise is not an agreementand does not create contractual relations. At the same time is similar to the time ofacquisition of ownership of such property, which is the time of the transfer from thecollective agricultural enterprise to its member.If at recession from the collective agricultural enterprise its member gets hisreal estate, then the time of acquisition of ownership to it is the state registration ofthis right. In the case where the recession of a member from the collectiveagricultural enterprise and recovering of his property is carried out before the entryinto force of the Law of Ukraine "On state registration of rights to immovableproperty and encumbrances", procedure for determining the date of acquisition ofownership of property is governed by the legislation in force at the time.There is a possibility of issuing a power of attorney to carry out actions onseparation of the property from the assets of the collective agricultural enterprise withthe subsequent registration of the rights to it and alienation. Ban of alienation of the2property, which the alienator still does not have, is not contained in the Ukrainianlegislation
More...
