SOME ISSUES OF SYSTEMATIC LAW ENFORCEMENT PRACTICE IN RESOLVING DISPUTES ON THE DIVISION OF PROPERTY IN COMMON OWNERSHIP AND ALLOCATION OF SHARES FROM COMMON PROPERTY

Abstract

In this article, based on the analysis of the current civil legislation, judicial practice and scientific literature, some problems of the division of property in common share ownership and the separation of a share from common property are investigated. Individual cases of implementation of Article 252 of the Civil Code of the Russian Federation are analyzed on the example of decisions of the Central District Court of Simferopol, sepa-rate features of the procedure for consideration and conditions for satisfying claims are highlighted. The authors considered the issue of the need to clarify the provisions on the division of property and propose specifying the cases of the need to file a claim for the division of property, delimiting this institution from the allocation of a share.