Ratushna S. The right of joint property of a land plot

The dissertation deals with the complex theoretical and practical study of the right of joint property of a land plot, scientific analysis of the peculiarities of the legal regulation of the emergence, implementation and termination of the right of joint property of a land plot, substantiation of theoretical provisions for determining the legal nature of the relevant relations and the practice of their implementation. The content of the dissertation reveals the historical retrospective of the formation and development of legal regulation of joint property of a land plot; foreign experience of legal provision of joint property of a land plot was studied; the notion and the features of the relevant legal phenomenon, as well as the peculiarities of the subject-object composition of the right of joint property of a land plot, legal mechanisms for its implementation and termination were determined. Theoretical conclusions on the legal nature of the right of joint property of a land plot were grounded and the proposals for making changes and additions to land legislation in order to improve the legal regulation of legal relations in this area were offered. As a result of the conducted research, a number of conclusions and recommendations were obtained, which are characterized by scientific novelty. Thus, the dissertation for the first time proposes the definition of the right of joint property of a land plot as the possibility of two or more persons to jointly, in cases specified by law, own, use and dispose of a land plot on a contractual basis, taking into account the restrictions set by its legal regime. Among the features of the right of joint property of a land plot are the following: the multiplicity of the subject composition, which includes two or more persons as subjects of property of one land plot; legislative restriction of subjects of joint property, as a rule, by natural persons (except for cases specified by law, in particular, co-owners of a block of flats); unity of the object of law as a separate land plot; the dual nature of the legal regime of a land plot, which includes the agreement of the parties on the procedure for its use and the boundaries determined by the land legislation; restriction of the object composition of the land plot with the determined allowable use; the presence of two groups of legal relations that are implemented in the process of exercising the right of joint property and include external and internal legal relations; the ability to determine the shares of co-owners; special procedure for division of a land plot under the condition of preliminary determination of the size of land shares; the need to reach a joint decision on the conditions of alienation of a land plot as an object of relevant rights.