К ВОПРОСУ О ДОПУСТИМОСТИ ДЕЛЕНИЯ СУБЪЕКТИВНОГО ПРАВА ВОЛЕИЗЪЯВЛЕНИЕМ УПОЛНОМОЧЕННОГО СУБЪЕКТА

Вопросы российского и международного права. 2019. Т. 9. № 2-1. С. 220–227.

Malbin D.

The article deals with the theoretical issue of the admissibility of the division of the right to property in connection with the publication of Draft Federal Law No. 651285-7 “On amending Article 30 of the Housing Code of Russian Federation”. Some scholars argue in favour of the admissibility of the division of the right to property by the will of an owner. Such arguments are justified by the dispositivity of civil law and the absence of legally established prohibitions against such legal actions. The author of the article points out that the division of the right to property by the will of an authorised person does not really have sufficient grounds and puts forward normative, theoretical and political legal arguments for the impossibility of dividing a subjective right to property by the will of an authorised person, including the following ones: Article 244 of the Civil Code of the Russian Federation indicates that common property can only be a result of acquisition of a thing by several persons on the basis of one legal fact; the institution of common ownership is an exception, which was introduced due to the need to protect the interests of co-owners; Article 250 of the Civil Code of the Russian Federation (“Preferential right of the purchase”) reflects the policy of civil law, aimed at pooling shares in subjective law.

Keywords: субъективное право