of October 2, 1997 No. 11
About court practice according to the dispute resolution, the citizens connected with the property right to the apartment house
The property of citizens on the apartment house is protected by the state. The owner at discretion owns, uses and disposes of the property belonging to him. The correct and timely permission courts of the disputes connected with the property right of citizens to the apartment house is one of guarantees of protection of this right. By generalization of court practice according to the dispute resolution, connected with the property right to the apartment house it is determined that courts by hearing of cases of this category generally fulfill requirements of the law on protection of property of citizens of the apartment house, respect the rules of substantive and procedural law.
At the same time in work of the courts by hearing of cases of this category there are shortcomings. Mistakes in case of determination of jurisdiction and cognizance of disputes on the property right to the apartment house with factual determination of ownership of the house on the property right are made. In an inadequate way requirements of the Art. 143 GPK of Turkmenistan are fulfilled by preparation of cases for legal proceedings.
So in particular, by preparation of cases for legal proceedings in claims for the property right to part of the apartment house, for the Section of structure in nature and about procedure for use of the apartment house documents of title, proofs of the arrangement on creation of common property and extent of participation of each of the parties are not always requested; opinion of the organizations to which the parcel of land for construction of the house and the consent of loaner to repayment of debt by other participants of construction of the house was allocated; the technical conclusion of specialists about possible versions of the Section of the apartment house in nature between owners according to their shares, and also household re-equipment costs, etc.
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