Abuse of the right within the framework of shared ownership: methods of legal counteraction

the article analyzes the legal regulation of shared ownership in Russia and the specifics of the implementation of the pre-emptive right to purchase a share, with an emphasis on the identified problems and methods of their solution. Particular attention is paid to conflicts between co-owners caused by their unfair behavior, as well as the lack of clear criteria for assessing the misuse of rights. The research material is based on the norms of the civil legislation of the Russian Federation, including the provisions of the Civil Code, as well as reviews of the judicial practice of the Supreme Court of the Russian Federation. The research method included an analysis of scientific commentaries and publications on civil and property law, as well as a comparative legal analysis of foreign norms. As a result of the research, the current state of the legal regulation of shared ownership in Russia was reviewed and specific recommendations for its improvement were proposed. It has been established that the existing mechanisms for protecting the rights of co-owners, enshrined in the Civil Code of the Russian Federation, face serious practical difficulties and shortcomings. At the same time, key issues are highlighted, including the predominance of shared ownership of residential real estate and the need to increase the level of protection of participants in shared ownership. Thus, as possible solutions, it is proposed to establish a minimum share size, improve the mechanism of preferential acquisition and consolidate the majority principle of management of common property, which will increase the effectiveness of law enforcement and ensure reliable protection of the rights of co-owners. In conclusion, the abuse of the right in shared ownership is a complex problem, complicated by gaps in legislation and unfair actions of participants. To solve it, it is necessary to modernize the legal regulation, establish a minimum share size and introduce effective management mechanisms and pre-trial dispute resolution.

Civil Code, counteraction, legal instruments, abuse of law, shared ownership