The understanding of co-owners' rights in the context of the genesis of environmental rights

• Main Author: Kudeikina I.
• Format: Article
• Language: English
• Published: EDP Sciences 2014-01-01
• Series: SHS Web of Conferences
• Online Access: http://dx.doi.org/10.1051/shsconf/20141000019

Environmental rights obtain a special importance in the context of real distribution of joint property. The common practice, where the building regulations are applied to legal relationships when carrying out the real distribution of a joint property, is associated with the genesis of environmental rights, but cannot be supported by the doctrine of absolutism of the property rights. In this Article, the author analyzes the legal reasoning and legal consequences of applicability of environmental rights. The essence of real distribution of joint property is the termination of the joint property as a legal act without a target of environmental transformation. The real distribution of joint property is not an action leaving any environmental impacts. The author concludes that the application of the environmental rights to the real distribution of the joint property unreasonably limits the property rights of co-owners.