Article 218. The Grounds for the Acquisition of the Right of Ownership

1. The right of ownership to a new thing, manufactured or created by the person for himself, while abiding by the law and by the other legal acts, shall be acquired by this person. The right of ownership to the fruits, the products and the incomes, derived through the use of the property, shall be acquired on the grounds, stipulated by Article 136 of the present Code.
2. The right of ownership to the property, which has its owner, may be acquired by the other person on the grounds of the contract of the purchase and sale, of the exchange and of making a gift, or on the ground of another kind of the deal on the alienation of this property. In the case of the citizen's death, the right of ownership to the property he has owned shall pass by the right of succession to the other persons in conformity with the will or with the law.
In the case of the reorganization of the legal entity, the right of ownership to the property it has owned shall pass to the legal entities, which are the legal successors of the reorganized legal entity.
3. In the cases and in the order, stipulated by the present Code, the person may acquire the right of ownership to the ownerless property, to the property, whose owner is unknown, and to the property, which the owner has renounced or to which he has lost the right of ownership on the other law-stipulated grounds. 
4. The member of the housing, housing-construction, country cottage, garage or another kind of the consumer cooperative, and also the other persons, enjoying the right to make share accumulations, who have paid up in full their share contribution for the flat, the country cottage, the garage or the other quarters, given to these persons by the cooperative, shall acquire the right of ownership to the said property. 

4. Article 216. The Rights of Estate of the Persons, Who Are Not the Owners

1. The rights of estate shall be, alongside the right of ownership: - the right of the inherited life possession of the land plot (Article 265);
- the right of the permanent (perpetual) use of the land plot (Article 268);
- the servitudes (Articles 274 and 277);
- the right of the economic management of the property (Article 294) and the right of the operation management of the property (Article 296).
2. The rights of estate to the property may be possessed by the persons, who are not the owners of this property. 
3. The transfer of the right of the ownership to the property to the other person shall not be a ground for the cessation of the other rights of estate to this property. 
4. The rights of estate of the person, who is not the owner of the property, shall be protected from their violation by any person in the order, stipulated by Article 305 of the present Code. 

5.Article 244. The Concept and the Grounds for the Common Property to Arise

1. The property, which is in the ownership of two or of several persons, shall belong to them by the right of common ownership. 
2. The property may be in the common ownership, with the share of each of the owners in the right of ownership defined (the share ownership), or not defined (the joint ownership). 
3. The common ownership of the property shall be the share ownership, with the exception of the cases, when the law stipulates the formation of the joint ownership to this property. 
4. The common ownership shall arise when into the ownership of two or of several persons falls the property, which cannot be divided without changing its intended purpose (the indivisible things) or which shall not be subject to division by force of the law. The common ownership of the divisible property shall arise in the cases, stipulated by the law or by an agreement.
5. By an agreement between the participants in the joint ownership, and if no agreement can be reached - by the court decision, the share ownership to the common property may be established.

Date: 2015-12-24; view: 475