General and Special Aspects of Emergence and Termination of Membership in Real Estate Owners' Partnerships
https://doi.org/10.17803/1994-1471.2020.119.10.082-094
Abstract
Today, the procedure for emergence and termination of membership in partnerships of real estate owners is not defined in the law and has not yet been elaborated in detail in the scientific doctrine unlike its main types: a horticultural and gardening non-profit partnership and condominium partnership, which has led to the expediency of the paper. The study of the grounds for the emergence of membership in a horticultural and gardening nonprofit partnership, as well as in a partnership of housing owners, allowed the author to come to the conclusion that "automatic" membership of the partnership of real estate owners does not emerge. It is necessary to personally apply to a specific partnership of property owners with an application to join it as a member. The introduction of any additional conditions preventing the emergence of membership in the partnership of real estate owners and its types is in fact unacceptable. Despite the fact that the issues of termination of membership in different types of partnerships of real estate owners have been resolved differently, the study found that the partnership of real estate owners is a collective category in relation to its types. As a result, it is concluded that there are general and special grounds for the termination of membership in the partnership of real estate owners. The general grounds apply both to the partnership of real estate owners and to any of its types. General grounds include the application of withdrawal from the membership of the partnership of real estate owners and termination of ownership of property owned by the member of the partnership of real estate owners. Special grounds for the termination of membership apply only to a specific type of the partnership of real estate owners or to the partnership of real estate owners itself and other types of such a partnership that do not refer to its main type if there is a direct reference to it in the main document of the partnership, i.e. the articles of partnership.
Keywords
partnership of real estate owners,
horticultural non-profit partnership,
gardening non-profit partnership,
partnership of housing owners,
non-profit organizations,
corporations,
membership relations,
emergence of membership,
termination of membership,
legal regulation,
legal doctrine,
practice of application of legislation,
judicial practice,
gaps in legislation
For citations:
Sayapina T.S. General and Special Aspects of Emergence and Termination of Membership in Real Estate Owners' Partnerships. Actual Problems of Russian Law. 2020;15(10):82-94. (In Russ.) https://doi.org/10.17803/1994-1471.2020.119.10.082-094
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