THE PROBLEM OF THE PROTECTION OF RIGHTS AND LEGITIMATE INTERESTS OF THE JOINT OWNERS OF A MULTI-APARTMENT HOUSE IN THE CONTEXT OF THE ADOPTION OF THE ARTICLE 181.5 OF THE CIVIL CODE OF THE RUSSIAN FEDERATION


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Abstract

The paper studies the problem of the protection of rights and legitimate interests of the joint owners of a multi-apartment house in the context of the adoption of the Article 181.5 of the Civil Code of the Russian Federation that is a part of “Chapter 9.1 of the decisions of the meetings”, its application, and the effect of the application of this legal norm by the courts when protecting by the joint owners of a multi-apartment house the violated rights and legitimate interests resulting from the holding of the house general meetings.     

The object of the study is the norms of civil and housing law validating the nullity of the decisions of meetings of civil communities that are the owners of the premises in the multi-apartment houses considering the time allocated by the procedural law for the judicial protection of violated rights and legitimate interests.      

The object of the study is also the judicial acts of general courts and the directives of Plenum of the Supreme Court of the Russian Federation regarding the application of the Article 181.5 of the Civil Code of the Russian Federation in conjunction with the limitations of actions.  

In the context of the study, the authors used the formal legal method and various ways of interpretation of the civil norms. During the study, the comparative-judicial method was used which is demonstrated in the comparison of the provisions of various regulatory legal acts. The authors applied the philosophical categories of general, particular and private.     

In the result of the research, the authors conclude about the ways the general courts interpret and apply the legal norms being studied and deal with some issues related to the prospects of the improvement of the institute of regulatory control in the civil and housing law.   

About the authors

Еlena Valerievna Chuklova

Togliatti State University, Togliatti

Author for correspondence.
Email: elenachuklova@mail.ru

assistant professor of Chair “Business and Labor Law”

Russian Federation

Dmitry Anatolievich Kuptsov

Togliatti State University, Togliatti

Email: kuffz@mail.ru

graduate student of Chair “Business and Labor Law” of the Institute of Law

Russian Federation

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