Permyakov M.A. On the Form of Organizing the Institution of Condominium Ownership in Russia

DOI: https://doi.org/10.15688/lc.jvolsu.2019.3.16

Maxim A. Permyakov, Assistant Judge, Khabarovsk Regional Court, Tikhookeanskaya St., 155, 680042 Khabarovsk, Russian Federation; 2nd Class Judicial Counselor, Postgraduate Student, Far Eastern Federal University, Sukhanova St., 8, 690950 Vladivostok, Russian Federation; Lecturer, Civil Law Department, Russian State University of Justice (Far Eastern Branch), Highway Vostochnoye, 49, 680014 Khabarovsk, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0003-1358-5223

Introduction: despite the fact that Russia is a country in which the majority of the population lives in apartment buildings, the institution of condominium ownership is one of the least developed, both in doctrinal and practical terms, in connection with which the theoretical and practical difficulties arise in the domestic legal order. The solution of such problems is impossible without the search for the root cause, which is the lack of choice of the form of organization of the legal institution, so that the legal regulation cannot be harmonious. Purpose: based on the study of the formation, evolution and unification of the institution of law in foreign countries, to address the problems of the domestic institution of condominium ownership. Methods: the methodological framework for this study is a set of methods of scientific knowledge, among which the main ones are the methods of specific historical, historical and comparative, social and legal, as well as the methods of analysis and synthesis. Results: the prerequisites for the emergence of condominium ownership in classical civil law were: the limitation of land as a natural resource, as well as capital for individual construction. The institution of condominium ownership is approved in the countries of continental law in two forms: “real” and “unreal”. In Russia, due to the lack of a long time of progressive development of property law, this institution was formed without taking into account its classical prerequisites, within the framework of privatization processes, which led to the emergence of the problems which are atypical for the European law and order. Conclusions: the domestic legislation tends to the organization of the institution of condominium ownership in the “real” form; however, the modern interpretation of this form entails many legal problems, which clearly indicates the need for its reform.

Key words: property right, common property, apartment buildings, housing property.

Citation. Permyakov M.A. On the Form of Organizing the Institution of Condominium Ownership in Russia. Legal Concept, 2019, vol. 18, no. 3, pp. 107-115. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2019.3.16

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