Chapter 14. The acquisition of property rights.
Article 218. Grounds for the acquisition of property rights.
1. The right of ownership to a new thing, manufactured or created by a person for himself in compliance with the law and other legal acts, shall be acquired by this person.
Ownership of the fruits, products, income derived from the use of property is acquired on the grounds provided for in Article 136 of this Code.
2. Ownership of property that has an owner may be acquired by another person on the basis of a contract of sale, barter, donation or other transaction for the alienation of this property.
In the event of the death of a citizen, the ownership of the property belonging to him is transferred by inheritance to other persons in accordance with a will or law.
In the case of reorganization of a legal entity, the ownership of the property belonging to it passes to legal entities - the successors of the reorganized legal entity.
3. In the cases and in the manner provided for by this Code, a person may acquire the right of ownership to property that does not have an owner, to property whose owner is unknown, or to property that the owner refused or to which he lost the right of ownership for other reasons, prescribed by law.
4. A member of a housing, housing construction, summer cottage, garage or other consumer cooperative, other persons entitled to accumulations who have fully paid their share for an apartment, cottage, garage, other premises provided to these persons by a cooperative, acquire ownership of the said property.
Article 219. The emergence of ownership of the newly created real estate.
Ownership of buildings, structures and other newly created immovable property subject to state registration arises from the time of such registration.
Article 220. Recycling.
1. Unless otherwise provided by the contract, the ownership of a new movable thing, manufactured by a person through the processing of materials not belonging to him, shall be acquired by the owner of the materials.
However, if the cost of processing significantly exceeds the cost of materials, ownership of the new thing is acquired by a person who, acting in good faith, carried out processing for himself.
2. Unless otherwise provided by the contract, the owner of the materials who acquired ownership of the thing made from them is obliged to reimburse the cost of processing to the person who carried it out, and in the case of acquiring ownership of the new thing by this person, the latter is obliged to compensate the owner of the materials for their cost.
3. The owner of the materials, who have lost them as a result of unfair actions of the person who carried out the processing, has the right to demand the transfer of a new thing to his property and compensation for losses caused to him.
Article 221. Appeal to the property of the public to collect things.
In cases where, in accordance with the law, a general permit, given by the owner, or in accordance with local custom, berries are allowed to be picked up in the certain territory, caught, caught or harvested other public things and animals, the person who acquired them collection or loot.
Article 222. Unauthorized construction.
1. Unauthorized construction is a dwelling house, other building, structure or other immovable property created on a land plot not allocated for these purposes in the manner prescribed by law and other legal acts, or created without obtaining the necessary permits or with a significant violation of urban planning. and building codes.
2. A person who has unauthorized construction, does not acquire the right of ownership to it. It does not have the right to dispose of the building - to sell, donate, rent, lease, and carry out other transactions.
Unauthorized construction is subject to demolition by the person who carried it out or at his expense, except as provided for by paragraph 3 of this article.
3. Ownership of unauthorized construction can be recognized by the court, and in cases provided by law, in another manner prescribed by law, the person in the property, life inherited possession, permanent (termless) use of which is the land plot where the construction was carried out. In this case, the person for whom the title to the building is recognized shall reimburse the person who made it for the construction costs in the amount determined by the court.
The right of ownership to an unauthorized building cannot be recognized for the said person if the preservation of the building violates the rights and legally protected interests of other persons or creates a threat to the life and health of citizens.
Article 223. The moment of occurrence of the right of ownership of the acquirer under the contract.
1. The right of ownership of the acquirer of the thing under the contract arises from the moment of its transfer, unless otherwise provided by law or the contract.
2. In cases when the alienation of property is subject to state registration, the right of ownership of the acquirer arises from the time of such registration, unless otherwise provided by law.
Immovable property shall be recognized as belonging to a bona fide purchaser (clause 1 of Article 302) on the right of ownership from the time of such registration, except for the cases provided for by Article 302 of this Code when the owner has the right to reclaim such property from a bona fide purchaser.
Article 224. Transfer of things.
1. A transfer is the delivery of the thing to the purchaser, as well as delivery to the carrier for shipment to the purchaser or delivery to the communications organization for transfer to the purchaser of things alienated without an obligation of delivery.
A thing is considered to be delivered to the acquirer from the moment of its actual receipt in the possession of the acquirer or the person indicated by him.
2. If at the time of the conclusion of the contract for the alienation of a thing it is already in the possession of the acquirer, the thing shall be recognized as transferred to him from that moment.
3. The transfer of a bill of lading or other document of title to it is equivalent to the transfer of a thing.
Article 225. Ownerless Things
1. A thing is ownerless which has no owner or whose owner is unknown, or a thing from which the owner has refused ownership.
2. If this is not excluded by the rules of this Code on the acquisition of the right of ownership of things that the owner refused (article 226), on the find (articles 227 and 228), on stray animals (articles 230 and 231) and treasure (article 233), Ownership of ownerless movables can be acquired by acquisitive prescription.
3. Ownerless immovables shall be registered by the body that carries out state registration of the right to immovable property, upon the application of the local government body in whose territory they are located.
After one year from the date of the registration of the ownerless immovable, the body authorized to manage the municipal property may apply to the court for recognition of the right of municipal ownership of this thing.
An ownerless immovable thing not recognized by a court decision entered into municipal ownership may be re-taken into possession, use and disposal of the owner who left it or acquired into ownership due to acquisitive prescription.
Article 226. Movable things that the owner refused.
1. Movable things abandoned by the owner or otherwise left by him in order to renounce the right of ownership to them (abandoned things) may be turned by other persons into their property in the manner provided for by paragraph 2 of this article.
2. A person who owns, owns or uses a land plot, a water body or another object where an abandoned thing is located, the cost of which is clearly lower than the amount corresponding to a fivefold minimum wage, or abandoned scrap of metals, defective products, alloy fuels , dumps and plums generated during the extraction of minerals, production waste and other waste, has the right to turn these things into their own property, having started their use or having performed other actions testifying to handling things in the property.
Other abandoned things shall come into the ownership of the person who has taken possession of them, if, on the application of this person, they are recognized by the court as ownerless.
Article 227. Find.
1. The finder of the lost thing is obliged to immediately notify the person who lost it, or the owner of the thing or someone else known to him who has the right to receive it, and return the found thing to that person.
If a thing is found indoors or on transport, it must be handed over to a person representing the owner of the premises or means of transport. In this case, the person to whom the find was handed over, acquires rights and bears the duties of the person who has found the thing.
2. If the person who has the right to demand the return of the found thing, or his place of stay is unknown, the finder of the thing must declare the find to the police or local government.
3. The finder of the thing has the right to keep it in his possession or to deposit it with the police, local government body or the person indicated by them.
A perishable thing or thing, the costs of storage of which are incommensurably large compared to its value, can be realized by the finder of the thing with the receipt of written evidence certifying the amount of revenue. The money raised from the sale of the item found is refundable to the person entitled to receive it.
4. The finder of the thing is responsible for its loss or damage only in case of intent or gross negligence and within the limits of the value of the thing.
Article 228. The acquisition of ownership of the find.
1. If, within six months from the date of the application for the finding to the police or local government (paragraph 2 of Article 227), the person authorized to receive the found thing is not established or does not declare his right to the thing to the person who found it or the police or to the local government that has found the thing acquires ownership of it.
2. If the finder of a thing refuses to acquire the found thing in the property, it goes into municipal ownership.
Article 229. Reimbursement of expenses related to the discovery and reward to the finder of the thing.
1. The finder and returning the thing to the person entitled to receive it has the right to receive from this person, and in cases of transferring things into municipal property, from the relevant local authority reimbursement of necessary expenses related to storage, delivery or sale of the thing, as well as costs for detection of the person entitled to receive the item.
2. The finder of the thing shall have the right to demand from the person authorized to receive the thing a reward for the discovery in the amount of up to twenty percent of the value of the thing. If the item found is of value only to the person entitled to receive it, the amount of remuneration is determined by agreement with that person.
The right to remuneration does not arise if the finder of the thing did not declare the find or tried to conceal it.
Article 230. Stray animals.
1. A person who has detained a neglected or live-in cattle or other neglected domestic animals must return them to the owner, and if the owner of the animals or his place of residence is unknown, no later than three days after the detention, report the detected animals to the police or local government that take measures to find the owner.
2. At the time of searching for the owner of the animals, they can be left by the person who detained them, on their maintenance and use, or handed over to the maintenance and use of another person who has the necessary conditions for this. At the request of the person who detained stray animals, the search for a person who has the necessary conditions for their maintenance, and the transfer of the animals to him are carried out by the police or local government.
3. A person who detained stray animals and the person to whom they have been transferred for maintenance and use are obliged to maintain them properly and, if they are guilty, are responsible for the death and damage of animals within their value.
Article 231. Acquisition of ownership rights to stray animals.
1. If, within six months from the date of the application for the detention of neglected pets, their owner is not found or does not declare his right to them, the person whose animals were kept and used, acquires the right of ownership to them.
If this person refuses to acquire the ownership of the animals kept by him, they enter into municipal ownership and are used in the manner determined by the local government.
2. In the case of the appearance of the former owner of the animals after their transfer to the ownership of another person, the former owner shall have the right, if there are circumstances indicating the attachment of these animals to him or about the cruel or other mistreatment of the new owner, to demand their return on conditions determined by agreement with the new owner, and if the agreement is not reached - by the court.
Article 232. Reimbursement of expenses for the maintenance of neglected animals and remuneration for them.
In the case of returning homeless pets to the owner, the person who detained the animals and the person with whom they were kept and in use are entitled to be reimbursed by the owner for the necessary expenses related to keeping the animals, offsetting the benefits derived from using them.
A person who detains stray domestic animals is entitled to remuneration in accordance with paragraph 2 of article 229 of this Code.
Article 233. Treasure.
1. A treasure, that is, money buried in the ground or hidden in any other way or valuable items whose owner cannot be established or has lost the right to them by law, is transferred to the ownership of the person who owns the property (land, building, etc. .) where the treasure was hidden, and the person who discovered the treasure, in equal shares, unless otherwise specified by agreement between them.
When a treasure is discovered by a person who excavated or searched for valuables without the consent of the owner of the land or other property where the treasure was hidden, the treasure is to be transferred to the owner of the land or other property where the treasure was discovered.
2. In the event of the discovery of a treasure containing items related to historical or cultural monuments, they shall be transferred to state ownership. At the same time, the owner of a land plot or other property where the treasure was hidden and the person who discovered the treasure are entitled to receive together a remuneration of fifty percent of the value of the treasure. The remuneration is distributed between these persons in equal shares, unless otherwise specified by an agreement between them.
If such a treasure was discovered by a person who excavated or searched for valuables without the consent of the owner of the property where the treasure was hidden, the reward to this person is not paid and is fully paid to the owner.
3. The rules of this article shall not apply to persons whose labor or official duties included the conduct of excavations and searches aimed at finding a treasure.
Article 234. Acquisition of prescription.
1. A person - a citizen or a legal entity - who is not the owner of the property, but in good faith, openly and continuously owning his own real estate for fifteen years or other property for five years, acquires the right of ownership of this property (acquisitive prescription).
The right of ownership of immovable and other property subject to state registration arises from the person who acquired this property due to acquisitive prescription from the time of such registration.
2. Prior to acquiring ownership of a property by virtue of acquisitive prescription, a person who owns property as his own has the right to protect his property against third parties who are not owners of the property, and who do not have the right to own it otherwise provided by law or contract grounds.
3. A person who refers to the prescription of possession may add to the time of his possession all the time during which this property was owned by the one whose legal successor this person is.
4. The course of the period of acquisitive prescription with respect to things held by a person from whose possession they could be claimed in accordance with Articles 301 and 305 of this Code begins no earlier than the expiration of the period of limitation of time for the relevant requirements.
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