A person bought a share in the apartment, knowing that the second owner lives in it with her husband and son. And two years later decided to dishouse her husband, because he did not consent to his arrival. And indeed - equity holders use their property (including, infuse third parties) with common consent. Therefore, the appeal decided to evict the father of the family. But the Supreme Court disagreed. The family lived in a disputed apartment before the buyer bought another share there, the Court said.
Nevertheless, it is premature to say that the legal position on the case is unambiguous, warns the head of arbitration practice of the National Law Company "Mitra" Irina Shamileva. On the one hand, there are instructions from the Supreme Court, on the other hand, Art. 247 CC, which directly says that the ownership and use of property in shared ownership is carried out by agreement of all participants. How to relate these two provisions - will understand the new examination of the appeal, says Shamileva.
Materials were taken from “Pravo.ru”
