Kopīpašuma institūta problemātika darījumos ar nekustamo īpašumu

The objective of the doctoral thesis is to analyse and interpret legislation, case-law and legal doctrine with reference to each other in order to demonstrate the nature of co-ownership as an institute of law in real estate transactions, by analysing the existing problems and controversies and formulating suggestions for the improvement of the legal framework. The doctoral thesis comprises the introduction, five main chapters divided into several sub-chapters, conclusions and suggestions, as well as the list of literature. The thesis is structured in a way allowing for the logical and gradual presentation of problems of the institute of co-ownership concerning real estate transactions. The introduction explains the current relevance of the study, indicates the goal of the study and tasks to achieve it, defines the subject and object of the study, as well as describes scientific methods employed for the purposes of the study. In the first chapter of the thesis, the author analyses the legal nature of co-ownership, defining the components of co-ownership as an encumbrance on property and assessing their impact on real estate transactions. The second chapter of the thesis deals with matters concerning the transformation of title as an absolute right in transactions involving co-owned real estate. This chapter analyses the protection of public interest in carrying out transactions with co-owned real estate in the context of the environmental and spatial planning legislation, as well as problems associated with the socialisation of co-owners in their jointly owned property. In the third chapter of the doctoral thesis, the author discusses problems concerning the sharing of responsibility for violations committed in real estate transactions and the unification of transactions, focusing on the streamlining of practice with the statutory requirements in transactions arising from the shared use of joint property. The fourth chapter deals with the termination of co-ownership as a manner of the exercise of co-owner’s rights, particularly focusing on the legal framework related to the actual division of joint property and its impact on the exercise of the right to divide joint property. In the fifth chapter of the thesis, the author analyses legal peculiarities of civil disputes arising from legal relationships related to co-ownership, possibilities of preventing such disputes, which would enhance the safety of transactions and would be useful from the viewpoint of procedural savings. The author has made conclusions and formulated suggestions on the basis of the theoretical analysis of scientific sources and empirical results derived as a result of the study. The list of literature used in the doctoral thesis consists of 199 sources in the Latvian, English, German and Russian languages, legislation, case-law and materials of the Land Registry.