The concept of "property complex" is used in various sectors of the economy and law. It is considered a set of interconnected objects, movable and immovable, used as a whole for a general purpose. Traditionally, there are two types of property complexes: condominiums and enterprises. Consider their features.
Company
This term is used in domestic law to refer to a certain category of legal entities acting as subjects of civil law relations.
Meanwhile, in the framework of a normal property turnover, enterprises belong to objects, and not to subjects of law. Moreover, they are not one thing or even a simple combination of them, but a property complex, which includes real estate (structures, land), movable objects (raw materials, inventory, equipment, finished products), obligations and rights (exclusive to including).
In some countries, a clientele is also included in the property complex. This word denotes stable economic relations with consumers, which are of great importance in a market economy.
Accordingly, an operating enterprise as a property complex, as a rule, has a value in excess of the total book price of net assets or cash property.
Turnover Features
An entity that has obligations and rights in relation to a property complex is a legal entity (or other owner), and not property. Accordingly, by an enterprise (as an object) the law primarily means the property of unitary organizations. Meanwhile, part of the property complex can also act as an independent object of turnover. This may be, for example, the equipment of the workshop. Also the object is a production unit that does not have a civil legal personality. Examples are a small shop, hotel, cafe, etc.
When renting, pledging, selling property complexes of this type or making other transactions with them, the owner, on the basis of an agreement, transfers to the other party not only the movable and immovable objects included in them, but also the duties and rights relating to them, as well as the client. In this case, both the entrepreneur and the commercial organization can act as the owner.
Features of legal status
An enterprise as a property complex does not have to include immovable objects (structures, land, etc.). It is recognized as real estate not by nature, but by virtue of the presence in the law of an indication of this.
The specifics of the legal status lies not only in the need for state registration of transactions, but also in the fact that this property complex includes not only things, but also rights, obligations and other intangible objects. It is their total price that determines its value in the framework of the turnover, determines the feasibility of concluding transactions with it.
Condominium
This concept has Latin roots. Literally, condominium means joint ownership. It is considered a land and property complex - a plot and a residential building located on it. At the same time, separate premises of this structure should be in private or public ownership of certain owners, and the other parts are their common shared property.
The creation of these property complexes occurs, as a rule, during privatization in apartment buildings. Owners of individual apartments have to share elements common with their neighbors: elevators, stairs, basements, attics, plumbing, electrical and other equipment designed to service the entire building, the adjacent area.
Limitations
A specific feature of the legal regime of land property complexes is the impossibility of the owner of a dwelling to alienate his part in the common property separately from the right of ownership of the dwelling. To do the opposite, by the way, is also impossible. Accordingly, the law inextricably links the ownership of housing with a share in the right to the common property of the house.
Difficulties in the practical implementation of the provisions
The condominiums were supposed to be used to solve the issue related to the ownership of equipment and common elements of the MKD (apartment building), during the privatization of which individual apartments, and in some cases rooms, were classified as independent property objects.
According to many lawyers, this approach cannot be considered successful. The fact is that these rooms and apartments were not intended for independent use, since they were closely connected with each other and with other elements of the structure. Ignoring this circumstance necessitated the determination of a special regime for equipment and common parts of the building, equated to shared property of all owners of residential premises. As a result, the operation and management of the land and property complex is carried out through the HOA (partnership of owners).
At the same time, the structure itself ceased to be a single immovable object. Moreover, in fact, its common parts ceased to be independent things, since they were deprived of working capacity separately from the residential premises served by them. In practice, apartment owners do not show serious interest in maintaining proper condition and managing the property complex. All the efforts of the owners focus on the operation of their own "cell".
However, if one of the owners does not have a share in the right to common house property (for example, stairs or porches), he simply will not be able to use normally the premises belonging to him.
Alternative approach to the problem
In some countries, apartment buildings are recognized as legally indivisible and, accordingly, act as objects of shared ownership. In this case, tenants receive residential premises for use on their shares and, within the same shares, bear the costs of ensuring the proper condition of the building as a whole.
This approach greatly simplifies the situation, since it eliminates the need to create condominiums and condominiums. Residents, in turn, become directly interested in the proper maintenance of the house, and not just their living space. In domestic legislation, unfortunately, this decision was not adopted.
In Austrian law, this approach is called "housing property". In a number of other countries, it is also known as "floor property." The key disadvantage of this approach is that for the main thing and its accessories, closely related to each other, a different regime is established. As a result, a single immovable object by its legal nature ceases to exist.
The principle of superficies solo cedit
Some lawyers propose recognizing as a single object, i.e., a property complex, a site and a building located on it to ensure unity of fate.
This approach is based on a misunderstanding of the principle that everything on earth belongs to its owner (superficies solo cedit). In Roman law, due to him, the unity of the rights of the owner to various objects was ensured, although closely related as the main thing.
Meanwhile, the recognition of this principle in modern legislation would significantly limit the rights of subjects. For example, the possibility of building a structure on a site belonging to another person would be excluded. The abandonment of superficies solo cedit has taken place in some Eastern European countries. At one time, they took the socialist path, but completely private property was not excluded from civil law relations.
Technological property complexes
The development of the economy leads to the emergence of new objects of civil circulation. This, in particular, is about technological complexes, including gas pipelines with distribution stations and other equipment, oil refineries, etc.
Such complexes differ from enterprises in that they contain only things, and not duties and rights. Moreover, the elements forming the totality are very heterogeneous. Among them, in particular, land, buildings related to real estate, as well as equipment, which is a movable object. However, all elements are united for a single purpose. This determines the expediency of their use as an indivisible object of turnover.
Mutual funds
Mutual funds are also considered by law as property complexes. Mutual Funds are in trust management of joint stock companies specially created for this.
Mutual funds are property represented primarily in the form of cash. It is jointly owned by entities that have established trust management and received investment units from the management company (UK). The owners of these securities may require the UK to terminate the contract and pay income, i.e., redeem the units. Depending on the nature of the mutual fund, this requirement may be presented at any time (open fund), during the period specified in the agreement (interval) or only at the end of the agreement period (closed).
In the latter case, unit owners can deposit not only money, but also other property. That is why closed mutual funds can be considered as property complexes in the literal sense.
Unlike ordinary owners, entities owning shares cannot demand the division of the fund or the allocation of its share from it. They are not endowed with the preemptive right to acquire shares owned by other participants.
As a property complex, a mutual fund is distinguished by the fact that co-owners - participants in shared ownership - are required to transfer their property to the trust management of a specialized commercial organization, and in return receive securities. The Fund acts as an object of the contract, which is concluded with the Criminal Code.
Content of the right to property complexes
If "complexity" consists in the exercise of rights regarding property, then we are talking about managing the object of turnover. What is meant by it?
If the right to manage property is connected with the exercise of the powers of the owner, then, therefore, it consists in deciding on ownership, disposal and use. Some lawyers do not distinguish property objects depending on the nature of their complexity. Moreover, they believe that the right to them is precisely the possibility of management. This means that if the complexity consists in combining dissimilar elements into a single whole, for example, in an enterprise, the right to control arises. Is this so in practice?
Of course, the subject has certain rights to the property included in the complex. It is, in particular, about ownership, other property law, including law of obligations, etc.
Realization of legal opportunities can be carried out independently of other elements of the complex. For example, upon presentation of a claim. The rights can also be realized by measuring them together. For example, when transferring the property of a reorganized enterprise or an incompetent citizen to trust. However, in any case, there is the exercise of powers that vary depending on the specific needs of the subject, the nature of the object and the basis for the emergence of legal opportunities.
If we take into account the essence of the law passing under the trust agreement, we can conclude that any property must be managed. Such activity is reduced to the implementation by the subject of measures for the use, possession or disposal of the object.
When transferring rights to the complex for a period agreed upon by the parties, obligations arise. In the event of the final (unlimited) provision of property from the moment the parties to the agreement fulfill the conditions or complete a unilateral transaction for the acquisition of the thing, the management right becomes absolute.
Conclusion
Formulations of complexes formulated by the legislator and enshrined in regulatory enactments arise on various grounds. If we classify them for the reasons for their creation, then we can distinguish objects that include heterogeneous elements and have complexity, which manifests itself in the control mode. In the first case, a specific civil object is assumed, and in the second, a special legal regime.
If we talk about the goals of occurrence, then some property complexes are created for the implementation of specific tasks. An example, in particular, are enterprises. They are formed for the implementation of production goals - production, services, work. The creation of other property complexes is connected with the life support of a citizen or the activity of another subject of law. For example, this category includes unitary enterprises, institutions operating in the field of social security, educational organizations, etc.
As for the implementation of legal regimes, in the domestic legislation clear rules are established for certain property complexes, for others - regulatory regulation requires revision and adjustment, since the current rules have gaps.