In relations related to the possession, disposal and use of residential real estate, in addition to owners, entities may participate that have independent rights to such objects. The capabilities of these persons, in particular, are secured by Art. 292 of the Civil Code of the Russian Federation. Read the comments below.
Legislation
In the current edition of Art. 292 of the Civil Code of the Russian Federation it is determined that the close relatives of the owner living in the premises belonging to him have the right to use the living space in the manner established in the housing complex.
In practice, there are different relations between entities regarding real estate. Some of them are officially enshrined in law. In Art. 292 of the Civil Code of the Russian Federation, for example, provisions are provided that govern legal relations that were previously reflected in the LCD of the RSFSR (2 part 127 of the article).
Initially, during the transfer of ownership to another subject, family members of the original legal owner did not lose the opportunity to use this facility. On the contrary, they continued to exploit the living space. This indicated the existence of absolute property rights of relatives. They, in turn, were corresponded with the obligation of other persons (including the owner himself) not to create obstacles to the use of the object. Accordingly, when they occur, users may demand that their rights be violated. As a result, “encumbrance” was established in relation to property.
New category of rights
Many lawyers draw attention to the fact that in the list enshrined in article 216 of the Civil Code, there are no rights close to the owner of the property. However, this list is not exhaustive. It is worth saying that the right established in Art. 292 of the Civil Code of the Russian Federation, has the attributes of property rights provided for in paragraphs 3, 4 of 216 articles. Thus, the legislator introduced a new category of legal opportunities, fixing them in a separate norm. This is due to social, economic and legal reasons.
First, the emancipation of property relations has led to the emergence of an unregulated sphere - the interaction of the owner and citizens living with him and having personal (family) ties. This cohabitation usually does not cause any problems. But in the event of a breakdown or “spoilage” of these relations, the absence of regulatory regulation can lead to adverse consequences, including the loss of a single dwelling.
In accordance with part 1 of the Civil Code, the legislator initially enshrined the concept according to which the close relative of the owner always has an independent right to premises. With the introduction of the LCD, the practice of applying Art. 292 of the Civil Code of the Russian Federation has changed slightly, since adjustments were made to the norm itself.
Subjects
In judicial practice under Art. 292 of the Civil Code of the Russian Federation, the correct definition of the circle of persons vested with the right to use an immovable object is of particular importance. When considering disputes, authorities are guided by the provisions of article 31 of the LC. In part 1 of this rule, it is established that the parents of the property owner are his parents, spouse and children living with him on the same area. Other persons (disabled dependents, other relatives, and in some cases other citizens) can be considered them if they are introduced by the owner as close relatives.
All housing users can conditionally be divided into the following groups:
- Immediate family members living and sharing a household with the landlord.
- Former relatives living on the same square as the owner of the property, but not members of the family.
- They are close to the original owner, preserving personal relations with him and continuing to live in a room alienated to another person.
- Persons who previously had a family relationship with the former owner of the object, living in the premises after its alienation.
Features of the exercise of rights
Part 2 of article 31 of the LC stipulates that the close relatives of the owner living with him in the same room can use the facility on an equal basis with the owner, unless otherwise provided by agreement between them.
Based on Art. 292 of the Civil Code of the Russian Federation, it is allowed to submit claims to eliminate violations (termination of unlawful acts) that infringe on the interests of relatives. Claims can be addressed both to third parties and directly to the landlord. This situation is enshrined in paragraph 3 of the norm.
Family members of the owner must use the premises exclusively for their intended purpose and ensure its safety. Fully and partially capable persons living with the owner on the same living space shall be jointly and severally liable with him for all obligations arising in connection with the use of the premises. Such rules are enshrined in paragraph 1 of Art. 292 of the Civil Code of the Russian Federation.
Termination of Rights
In accordance with paragraph 2 of Art. 292 of the Civil Code of the Russian Federation, when alienating an immovable object, relatives lose the opportunity to use it. In addition, the duties and rights of former relatives (family members) are terminated. This provision follows from parts 4.5 to 31 of the article of the LCD. The norm says that upon termination of family ties, the right to use the entity that has become a former relative is not retained, unless otherwise provided in the agreement between him and the owner.
Exceptions
If the former close relative has no reason to acquire or use another premises or his property status or other circumstances do not allow the purchase of other real estate, the right to use the property owned by the owner may be retained for a certain period of time. Its duration is set by the court.
At the same time, the owner of the object may be required to provide former spouses and other relatives, in whose favor he pays alimony payments, with other housing upon their request.
Upon the expiration of the period established by the court, the right to use is terminated, unless otherwise provided in the agreement between the former relative and the owner. Until the end of the specified period, the termination of the right is possible in case of alienation of property or in the disappearance of circumstances that were the basis for maintaining legal capabilities.
Features of the privatized property
For entities previously members of the family of the owner of such a premises, special rules are provided. In accordance with Article 19 of the Federal Law No. 189 (“On Enactment of the Housing Code of the Russian Federation”), such persons will retain the right to use the facility if at the time of privatization they were endowed with equal legal opportunities with the citizen who implemented it.
Question about children
Until recently, the practice was widespread, according to which, when parents divorced, children were recognized as former relatives. As a rule, the provisions of article 292 were used to leave minors without housing. Of course, such cases need to be given special attention.
Termination of family relationships may be due to different circumstances. However, children cannot become former relatives of the property owner. Consequently, the widespread belief that in the event of a divorce, the wife and child will literally have to go outside, is unfounded. Minors, despite the termination of the marriage bond between their parents, retain the right to use the premises owned by their father or mother if they lived in it. The Supreme Court confirms this approach.