FRAUDULENT GIFT DEED AS A BREACH OF THE RIGHT OF PRE-EMPTIVE PURCHASE OF A SHARE IN JOINT SHARED OWNERSHIP

Abstract

This article is dedicated to the current issue of violating the right of pre-emptive purchase of a share in the right of joint partial ownership through the use of sham gift contracts. In the modern legal environment of Ukraine, the right of joint partial ownership is an important aspect of property relations between co-owners, one of the guarantees of which is the right to pre-emptive purchase of a share in case of its alienation. However, in order to secure their own interests and simplify compliance with legal procedures by evading them, some co-owners resort to concluding sham gift contracts. Consequently, this creates threats to the rights of other co-owners and the institution of joint ownership as a whole.

The article examines the legal nature of gift contracts and the sham nature of these contracts, and the problems of proving them in court. An analysis of the current civil legislation regulating the procedure for alienating shares in joint partial ownership is also conducted.

The authors emphasize the need to improve legislative norms to ensure effective protection of the rights of co-owners and prevent abuses in this area. In their opinion, these changes will contribute to increasing the transparency and fairness of share alienation. The possibility of recognizing actions that circumvent the rule of law on the pre-emptive right as illegal is substantiated, which in the future will allow for the implementation of mechanisms of responsibility for concluding sham contracts.

The research is based on national judicial practice, which made it possible to identify the main shortcomings that allow the use of sham contracts as a tool for circumventing the right of pre-emptive purchase, and to form directions for improvement. The conclusions and proposals made are aimed at increasing the efficiency of legal regulation and protecting the rights of co-owners, which is an important step in Ukraine's European integration processes to ensure the stability of property relations and the equality of their participants.