Some issues arising in the implementation of the right to common property

Abstract

Article deals with a number of problems related to the understanding of the right to a share through the prism of its civil law nature. Is compared the right to share in the collective agricultural enterprise with the right to a share in the charter capital 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 property stands out from the collective agricultural enterprise. Person who acquires ownership of the property, loses the right of membership in the enterprise.

Recession of a member from the collective agricultural enterprise with separation of the property is carried out in proportion to his share. Separation of property to the member of the collective agricultural enterprise is not an agreement and does not create contractual relations. At the same time is similar to the time of acquisition of ownership of such property, which is the time of the transfer from the collective agricultural enterprise to its member.

If at recession from the collective agricultural enterprise its member gets his real estate, then the time of acquisition of ownership to it is the state registration of this right. In the case where the recession of a member from the collective agricultural enterprise and recovering of his property is carried out before the entry into force of the Law of Ukraine "On state registration of rights to immovable property and encumbrances", procedure for determining the date of acquisition of ownership 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 on separation of the property from the assets of the collective agricultural enterprise with the subsequent registration of the rights to it and alienation. Ban of alienation of the property, which the alienator still does not have, is not contained in the  Ukrainian legislation