According to Art. 253 of the Civil Code of the Russian Federation, the possession, use and disposal of jointly owned property shall be carried out jointly by persons, unless otherwise provided by law. All actions with material values are carried out by agreement between persons. This provision is established by paragraph 2 of Art. 253 of the Civil Code of the Russian Federation . Consent is necessary regardless of which of the entities makes a particular transaction. Let us further consider the main provisions contained in Article 253 of the Civil Code of the Russian Federation (with comments ).
The specifics of transactions
It is described in part 3 of article 253 of the Civil Code of the Russian Federation. In accordance with the provisions of the norm, each participant may enter into transactions, unless otherwise established by agreement between them. The actions taken to dispose of the property may be challenged. The transaction shall be declared invalid at the request of other persons in connection with the lack of authority of the subject, if the other party knew or should have been aware of this. Rules Art. 253 of the Civil Code of the Russian Federation are subject to application insofar as it is not provided otherwise for specific cases related to general material values for those specified by the Code or another law.
Explanations
The key concept in Art. 253 of the Civil Code is the term "together." It follows from the essence of the relationship that develops between subjects. In this case, the legislation allows individuals to conclude an agreement on the conditions and procedure for the ownership and use of property. They are achieved both during the existence of the corresponding relationship, and before their occurrence. For example, spouses may agree that the VAZ will be operated by the husband, and Toyota by the wife. The legislation does not impose any special requirements on the form of the agreement. Accordingly, the general rules of the norms 158-165 of the Code will apply.
Nuances
In practice, agreements usually exist verbally. For example, the subject may express tacit consent, the order may develop over time, etc. However, relations still concern joint ownership. Participants thus enter into specific relationships. If any disagreements arise, they will be resolved in any case in the courts, regardless of whether there is an agreement or not. If it was, then the form in which it consisted will be established. It follows that the agreements provided for in the first part of Art. 253 of the Civil Code of the Russian Federation , will be valid until the moment the relations of persons proceed normally. In the event of a conflict, the conditions and procedure for the exploitation of material values are determined in the framework of the lawsuit.
Rules Art. 253 of the Civil Code of the Russian Federation with comments
The provisions of this norm are reproduced in Art. 35 SK. The difference, however, consists, firstly, in a different verbal form. In particular, the norm under review states that use and possession are carried out jointly, and disposal is by agreement of the participants. Norm 35 SC says the following. The use, disposal, possession of spouses' property is carried out by mutual consent. In addition, in the UK, the binding of civil norms and family law categories was performed. In Art. 253 of the Civil Code of the Russian Federation and 35 of the Criminal Code refer to different material matters. In the latter case, we are talking about common values of the spouses. The commented article refers to property that is joint property. Meanwhile, Art. 35 should be considered as part of a systematic relationship with the commented norm. The Supreme Court also points to this .
Art. 253 of the Civil Code: presumption of consent
It is not dependent on the category of property, form of transaction, and so on. Prior to the entry into force of the UK, the spouse, guided by the norm in question, could independently sell any values, including real estate. Today, in accordance with paragraph three of Art. 35, the consent of the husband / wife, certified by a notary, for transactions is required:
- Real estate related. In particular, we are talking about disposal of facilities. It should be understood as determining the fate of material values (sale, leasing, gratuitous use , etc.).
- Notarized. It may be provided directly by law or by agreement.
- Requiring state registration. For example, under paragraph 2 of Article 558 of the Civil Code, the sale of a dwelling should be carried out with the obligatory implementation of this procedure.
Examples
The rules established by clauses 1 and 3 of the above list are, at first glance, similar. However, in reality, real estate transactions requiring state registration in practice are different. Suppose a spouse decides to sell a residential building. He belongs to him and his wife by joint ownership. Accordingly, to complete the transaction, he will need the consent of his wife, certified by a notary, both because the actions are related to real estate and because they require registration. If a garage is for sale, the situation is somewhat different. Consent in this case is necessary, since there is a disposal of real estate without registration. In the case of the acquisition of residential premises, paper is required from a notary public, in accordance with paragraph 3 of the list. This is due to the fact that this transaction must be registered. If the sales contract is certified by a notary public, the consent of the spouse must also be certified. In this case, all three points of the above list apply. If there is a sale of a car jointly owned by the wife and husband, or the vehicle is purchased and, in accordance with the agreement, the transaction must be certified by a notary, consent from the spouse must be provided in the same form.
Violation of the rules
The law provides that a spouse whose notarized consent was not obtained may require recognition of the invalidity of the transaction. To do this, he is given a year from the date when he knew or could learn about its commission. This provision protects the interests of the family from unlawful acts of the wife / husband. Moreover, as experts note, it does not contradict civil standards. This, in particular, is confirmed by the fact that under paragraph 4 of Art. 253 of the Civil Code, it is allowed to establish a different regime for the disposal, use and possession of joint property.
Enforcement
One of the participants may dispose of joint property. To do this, other persons issue a power of attorney to him. If one of the participants in the property (for example, on privatized housing) is fully or partially incapacitated, the transactions provided for in such cases shall be subject to the requirements of the law. They are aimed at preventing infringement of the interests and rights of such persons. For transactions related to privatized facilities where minors with the right to use live, you must first obtain consent from the authority of guardianship and guardianship. It does not matter if these entities are legal owners of part of the premises. This rule also applies to cases when transactions are made with a privatized object in which the minor does not live. In this case, the latter must have equal rights to the premises with the owner. This provision is enshrined in part two of article 3 of the Federal Law, which regulates the privatization of the housing stock.
Challenging Deals
If an entity has committed acts to dispose of joint material assets without having the appropriate authority to do so, they may be appealed in a judicial proceeding. In this case, the applicants will be the remaining participants whose interests and rights were affected by the transaction. However, Art. 253 of the Civil Code of the Russian Federation establishes the requirement that there must be evidence that the other party to the contract should have been or was aware of the absence of the party’s corresponding authority. As a general rule, such a transaction is categorized as contested. To prove the unlawfulness of the actions of the participant will be the subject who demands to recognize the contract as invalid. The other party to the transaction must have intent to commit unlawful acts or have gross negligence. Upon recognition of invalidity, the provisions of Art. 167 (paragraph 2) of the Civil Code. The rules of this norm establish the obligation to make a mutual return received under the contract.
Important point
A number of experts note certain gaps in the presentation of Art. 253. According to the authors, a transaction related to the alienation of material assets, carried out by one of the participants in the absence of proper authority, may be declared invalid regardless of the subjective attitude of its other party to the process of its conclusion. Meanwhile, if there was no gross negligence or intent in the actions, then received under the contract is not refundable. Responsibility will be borne by the other participants in the property by the one who concluded the transaction without proper authority.