The law specifically protects the rights of property of minors





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23.12.2013 00:00
Articles about real estate | How the law protects property rights of minors When the media talk about the rights of minors, the first thing they point to the constitutional provisions declaring the right to life, education, health care, proper rest and other conditions, without which it is impossible to form a complete person and citizen. Given the importance of this problem for the whole society , the state, its laws and regulations for minors establishes a special legal status , whose goal is the most complete protection of their rights .


privatization

To begin with, that if in a residential area , which is being prepared for privatization, registered minor, is in any case entitled to a share of the apartment, and his rejection of the property in favor of third parties is negligible.

What is it ? Suppose underage registered in the municipal ( departmental or federal) apartment with relatives . And adults were allowed to privatize living space . Normal , in general , the situation . Person who has attained 18 years of age , may waive the right to share in the privatized apartment in favor of other family members. A child (or teenager) - can not . Therefore, housing will be privatized only taking into account the rights of minors , and he will always get a piece of property .

Parents or guardians are not authorized to decide whether to become a child (teenager) to participate in the privatization or not. For them it is already decided by law. Will be , period. To be precise , in this case the state rather than grants, and limits the rights of the juvenile to the will in his own interest .

Here is an example situation . Citizen Zafar GZ served with the customs authorities for more than 20 years and received the right to privatize the apartment . Besides him and his wife in the home were prescribed children : a boy and a girl. The boy was the owner of another one-room apartment he inherited from his grandfather , and Zafar decided that housing, which he is currently privatizing leave daughter. But lawyers Zafarovu lucidly explained that his son is in any case entitled to a share of ownership, and no one can privatize the apartment without his interests .


absence
Temporary or permanent absence of a minor in the municipal level ( federal, departmental ) B does not terminate his rights to use the living area . And if an adult in this case can be , as they say , easily evicted by court order , the children of such a focus will not work . Basically , this rule protects the rights of children living in orphanages and children's homes , and in other words - orphans.

As an example, an incident that occurred in Moscow in 2008. The point is this. Renat underage after the death of his father and mother , who worked in the housing department , went to an orphanage. Up to this point it has been registered with their parents in a council flat . When Renata was 16 years old , he left the orphanage and went to work . Only now he was nowhere to live : in his apartment has hosted another person . During the trial, representatives of local authorities and housing department got out as they could, trying to prove that the juvenile's right of residence ended with the death of their parents and sending him to an orphanage. Ostankino District Court , however, did not ponder over and decided to restore the rights Minnibajevo for housing .


divorce
No one may be evicted from the apartment of a minor , beneficially owned by one of the spouses , if they are divorced and do not live together . Divorce , of course, it happens , and nothing special about it is not. However, the legislator specifically links divorce with the right of the child to live , so Mom and Dad , " starting a new life ", have left accidentally or willfully minor without a roof over his head.

In one of my articles I have already given an example , when the " father " tried to evict his ex-wife and child of his own apartment he owned . And if a woman had to prove their right to live right up to the supervisory authority , the child's right to housing is not been questioned by the judges from the beginning.

And here is another example , in connection with which comes to mind is the movie directed by Leonid Gaidai " It can not be ." Readers will remember the episode when " many children " bride Valentina Telichkina performed spectacularly crunching fingers convinces the protagonist (played by Leonid Kuravlev ): " Believe ! Boy you too will be worthless ! " But in life, as a rule, everything is exactly the opposite.

In consultation addressed Vladimir scanty and told the story . In 2005 he met Anastasia citizen , and , as they say , between them erupted feelings. Although behind Anastasia was already one failed marriage , from which she had five year old daughter , Vladimir is not confused . Young people are married, and even Vladimir adopted the girl and ordered her into his apartment. And nothing , but two years later Anastasia went on holiday to Turkey , where she met another man. Began a new novel , and returned to Russia , Anastasia divorced , picked up the girl and went to live with the new chosen one .

Daughter , it is clear from the apartment she has written . Vladimir , incidentally, also grieved long and a year later married . However, the daughter of ex-wife remained prescribed in his home . First hearings ended inconclusively . And only when the adoption was canceled , failed to bring the case to the end. Daughter of ex-wife was discharged . Therefore , never mix love and ownership , especially if the case appears minor. Can turn explosive mixture is not worse than the " Molotov cocktail ."


sale

An interesting picture emerges when selling real estate ( residential and non-residential ) , wholly or partly owned by a minor. I have to say : the law allows such a deal . However, immediately stipulates that simultaneously with the implementation should occur purchase other real estate in favor of the minor. With this new facility for their consumer properties can not concede to sell. Simply put, the better - can be worse - you can not .

Marina ( name, initials changed) marker was the younger brother . Their parents died in a car accident , the elder sister was studying in college, worked and raised a baby. Lacked money , and she decided to sell the apartment in the city center , executed at his brother , and instead buy a house in the suburbs to rent it . Live , she thought , they would be parents' apartment , which they received by inheritance. In addition, Marina and counted the money that remain from the sale of property in the center. However, guardianship authorities thought otherwise . Exhibited for sale two-bedroom apartment , and instead planned to buy a two-bedroom . The area where the house was supposed to buy , obviously did not belong to the elite , but also left much to be desired with regard to public transport . Deal did not materialize .

In the Russian prosecutor's office and guardianship authorities officially oversee the observance of the rights of minors. But do not think that other structures of power and would like to do with it in this field. This is not so . In identifying violations of the rights of minors , any state and municipal authorities within their powers must contribute to the cessation of violations , as well as notify the prosecutor's office and the guardianship authorities .
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