Subject of Dispute: Termination of Ownership Right to a Share in Common Inherited Property (Automobile, Residential House, and Land Plots).
Main Arguments of the Court:
1. A co-owner’s right of ownership to a share in common property may be terminated if at least one of the legally prescribed grounds exists (indivisibility of the item, impossibility of division in kind, impossibility of joint use), provided that such termination does not cause substantial harm to the co-owner’s interests.
2. The courts of previous instances improperly investigated the circumstances of the case, in particular, they did not verify the possibility of property division, did not assess evidence regarding the impossibility of joint use, and did not establish whether termination of ownership would cause substantial harm to the defendant.
3. The court deviates from previous practice in interpreting Article 365 of the Civil Code of Ukraine, stating that the presence of one of the legally prescribed grounds is sufficient for termination of ownership, rather than the combination of all circumstances.
Court Decision: Revoke the decisions of previous instances and refer the case for a new hearing to the court of first instance for a complete and comprehensive investigation of the case circumstances.
