Transactions with shared ownership

1. When selling a share in the right of common ownership to an outsider, the remaining participants in shared ownership have the pre-emptive right to purchase the share being sold at the price for which it is sold, and on other equal conditions, except in the case of a sale at public auction, as well as cases of sale of a share in the right of common ownership of a land plot by the owner of a part of a building or structure located on such a land plot or by the owner of premises in the specified building or structure.

Public auctions for the sale of a share in the right of common ownership in the absence of consent of all participants in shared ownership may be held in the cases provided for by part two of Article 255 of this Code, and in other cases provided for by law.

2. The seller of a share is obliged to notify in writing the other participants in shared ownership of his intention to sell his share to an outsider, indicating the price and other conditions under which he sells it.

If the remaining participants in shared ownership do not acquire the sold share in the right of ownership of real estate within a month, and in the right of ownership of movable property within ten days from the date of notification, the seller has the right to sell his share to any person. If all other participants in shared ownership refuse in writing to exercise the pre-emptive right to purchase the share being sold, such share may be sold to an outsider earlier than the specified deadlines.

The specifics of notifying participants in shared ownership of the intention of the seller of a share in the right of common ownership to sell his share to an outsider may be established by federal law.

3. When selling a share in violation of the pre-emptive right, any other participant in shared ownership has the right, within three months, to demand in court the transfer of the rights and obligations of the buyer to him.

4. Assignment of the pre-emptive right to purchase a share is not permitted.

5. The rules of this article also apply when alienating a share under an exchange agreement.

Article 249. Expenses for the maintenance of property in shared ownership
Article 251. Moment of transfer of a share in the right of common ownership to the acquirer under an agreement

Transactions with shared ownership

1. GENERAL PROVISIONS

1.1. This Privacy Policy regarding the processing of personal data of users of the site https://www.dvitex.ru/ (hereinafter referred to as the Privacy Policy) was developed and applied by Legal LLC, OGRN 1107746800490, Moscow, per. Golutvinsky 1st, building 3-5, office 4-1 (hereinafter referred to as the Operator) in accordance with paragraphs. 2 hours 1 tbsp. 18.1 of the Federal Law of July 27, 2006 No. 152-FZ “On Personal Data” (hereinafter referred to as the Law on Personal Data).

1.2. This Privacy Policy defines the Operator’s policy regarding the processing of personal data accepted for processing, the procedure and conditions for the processing of personal data of individuals who have transferred their personal data for processing to the Operator (hereinafter referred to as personal data subjects) with and without the use of automation tools, establishes procedures aimed at preventing violations of the legislation of the Russian Federation, eliminating the consequences of such violations related to the processing of personal data.

1.3. The privacy policy was developed to ensure the protection of the rights and freedoms of personal data subjects when processing their personal data, as well as to establish the responsibility of the Operator's officials who have access to the personal data of personal data subjects for failure to comply with the requirements and standards governing the processing of personal data.

1.4. Personal data of the Personal Data Subject is any information relating to a directly or indirectly identified or identifiable individual.

1.5. The Operator processes the following personal data of Users:

Full Name;
E-mail address;
Phone number;
other data necessary for the Operator when providing services to Users to ensure the functioning of the Site.

1.6. The Operator processes personal data of Personal Data Subjects for the following purposes:

providing the opportunity for feedback from Operator Specialists on User requests;
providing the possibility of online payment for services ordered on the Site;
ensuring the fulfillment of the Operator’s obligations to Users;
for market research purposes;
informing the Personal Data Subject about promotions, competitions, special offers, new services, discounts, advertising materials and other services, as well as receiving commercial or advertising information and free products, participating in exhibitions or events, performing marketing research and notification of all special initiatives for clients;
statistical purposes;
for other purposes, if the corresponding actions of the Operator do not contradict the current legislation, the activities of the Operator, and the consent of the Personal Data Subject has been obtained for the said processing.

1.7. The operator processes personal data of personal data subjects by performing any action (operation) or set of actions (operations) performed using automation tools or without the use of such means, including the following:

collection;
record;
systematization;
accumulation;
storage;
clarification (update, change);
extraction;
usage;
transmission (distribution, provision, access);
depersonalization;
blocking;
deletion;
destruction.

2. PRINCIPLES FOR PROCESSING PERSONAL DATA

2.1. When processing personal data, the Operator is guided by the following principles:

legality and justice;
confidentiality;
timeliness and reliability of obtaining the consent of the subject of personal data for the processing of personal data;
processing only personal data that meets the purposes of their processing;
compliance of the content and volume of processed personal data with the stated purposes of processing. The personal data processed should not be redundant in relation to the stated purposes of their processing;
the inadmissibility of combining databases containing personal data, the processing of which is carried out for purposes incompatible with each other;
storing personal data in a form that allows identifying the subject of personal data for no longer than required for the purposes of processing personal data;
destruction or depersonalization of personal data to achieve the goals, their processing or in case of loss of the need to achieve these goals.

2.2. The processing of personal data by the Operator is carried out in compliance with the principles and rules provided for:

Federal Law of July 27, 2006 No. 152-FZ “On Personal Data”;
This Privacy Policy;
Universal Declaration of Human Rights 1948;
International Covenant on Civil and Political Rights 1966;
European Convention for the Protection of Human Rights and Fundamental Freedoms, 1950;
The provisions of the Convention of the Commonwealth of Independent States on Human Rights and Fundamental Freedoms (Minsk, 1995), ratified by the Russian Federation on August 11, 1998;
The provisions of the Okinawa Charter for the Global Information Society, adopted on July 22, 2000;
Decree of the Government of the Russian Federation dated November 1, 2012 No. 1119 “On approval of requirements for the protection of personal data during their processing in personal data information systems”;
Order of the FSTEC of Russia dated February 18, 2013 No. 21 “On approval of the composition and content of organizational and technical measures to ensure the security of personal data when processed in personal data information systems”;
Other regulatory and non-regulatory legal acts governing the processing of personal data.

3. OBTAINING PERSONAL DATA.

3.1. Personal data of personal data subjects is obtained by the Operator:

by providing the subject with personal data when registering on the Site, when submitting applications, applications, questionnaires, forms, filling out registration forms on the Operator’s website or sending by e-mail, messages by telephone to the Operator’s support service;
by other means that do not contradict the legislation of the Russian Federation and the requirements of international legislation on the protection of personal data.

3.2. The Operator receives and begins processing the Subject’s personal data from the moment of receiving his consent.

3.3. Consent to the processing of personal data is given by the subject of personal data from the moment of starting to use the site, including by indicating about, through the performance of implied actions by the subject of personal data.

3.4. The subject of personal data may at any time withdraw his consent to the processing of personal data. To revoke consent to the processing of personal data, you must submit a corresponding application to the Operator via available means of communication. At the same time, the Operator must stop processing them or ensure the termination of such processing and, if the preservation of personal data is no longer required for the purposes of their processing, destroy personal data or ensure their destruction within a period not exceeding 30 (Thirty) days from the date of receipt of the specified review .

3.5. If the Personal Data Subject withdraws consent to the processing of personal data, the Operator has the right to continue processing personal data without the consent of the Personal Data Subject only if there are grounds specified in the Personal Data Law.

3.6. The subject of personal data has the right to choose what personal data will be provided to him. However, in case of incomplete provision of the necessary data, the Operator does not guarantee the subject’s ability to use all services and products of the Site, to use all services of the Site.

3.7. The personal data subject can view, update or delete any personal data included in his profile at any time. To do this, he can edit his profile online in his personal account or send an email to

4. PROCESSING PROCEDURE FOR PERSONAL DATA

4.1. The operator takes technical, organizational and legal measures to ensure the protection of personal data from unauthorized or accidental access, destruction, modification, blocking, copying, distribution, as well as from other unlawful actions.

4.2. When processing personal data, the Operator applies legal, organizational and technical measures to ensure the security of personal data in accordance with Art. 19 of the Federal Law “On Personal Data”, Decree of the Government of the Russian Federation dated November 1, 2012 No. 1119 “On approval of requirements for the protection of personal data during their processing in personal data information systems”, Methodology for determining current threats to the security of personal data during their processing in personal information systems data approved by the FSTEC of the Russian Federation on February 14, 2008, Methodological recommendations for ensuring the security of personal data using crypto-means when processing them in personal data information systems using automation tools approved by the FSB of the Russian Federation on February 21, 2008 No. 149/54-144.

4.3. To authorize access to the Site, a Login and Password are used. The subject of personal data is responsible for the safety of this information. The subject of personal data does not have the right to transfer his own Login and Password to third parties, and is also obliged to take measures to ensure their confidentiality.

4.4. When transferring personal data, the Operator complies with the following requirements:

does not disclose the personal data of the subject of personal data to a third party without expressed consent, except in cases where this is necessary for the purposes of processing personal data, preventing a threat to the life and health of the subject of personal data, as well as in cases established by law;
does not disclose personal data for commercial purposes without the expressed consent of the subject of personal data;
informs persons receiving personal data that this data can only be used for the purposes for which it was communicated, and requires these persons to take appropriate measures to protect personal data. Persons receiving the User’s personal data are required to maintain confidentiality;
allows access to personal data only to authorized persons, and these persons must have the right to receive only those personal data that are necessary to perform specific functions.

4.5. The Operator has the right to disclose any information collected about the User of this Site if disclosure is necessary in connection with an investigation or complaint regarding unlawful use of the Site, or to identify (identify) a User who may violate or interfere with the rights of the Site Administration or the rights of other Site Users, as well as to comply with the provisions of current legislation or court decisions, ensure compliance with the terms of this Agreement, protect the rights or safety of other Users and any third parties.

4.6. Third parties independently determine the list of other persons (their employees) who have direct access to such personal data and (or) process it. The list of these persons, as well as the procedure for access and/or processing of personal data by them, is approved by the internal documents of the Third Party.

4.7. The operator does not sell or provide personal data to third parties for marketing purposes not provided for in this Privacy Policy, without the express consent of the personal data subjects. The operator may combine anonymized data with other information received from third parties and use it to improve and personalize services, content and advertising.

4.8. Processing of personal data is carried out on the territory of the Russian Federation; cross-border transfer of personal data is not carried out. The operator reserves the right to choose any channels for transmitting information about personal data, as well as the content of the transmitted information.

4.9. Personal information collected online is stored by the Operator and/or service providers in databases protected by physical and electronic controls, access control technology and other appropriate security measures.

4.10. The personal data subject understands, confirms and agrees that the technical processing and transmission of information on the Operator’s Website may involve the transfer of data over various networks, including unencrypted communication channels on the Internet, which is never completely confidential and secure.

4.11. The personal data subject also understands that any messages and/or information sent through the Operator’s Server may be unauthorized read and/or intercepted by third parties.

5. FINAL PROVISIONS

5.1. In the event of any disputes or disagreements related to the implementation of these Rules, the Personal Data Subject and the Operator will make every effort to resolve them through negotiations between them. If disputes are not resolved through negotiations, disputes shall be resolved in the manner established by the current legislation of the Russian Federation.

5.2. This Privacy Policy comes into force for the Personal Data Subject from the moment he starts using the Operator’s Website and is valid for an indefinite period.

5.3. This Privacy Policy can be changed and/or supplemented by the Operator at any time during the validity period of the Rules at its discretion without the need to obtain the consent of the Personal Data Subject. All changes and/or additions are posted by the Operator in the appropriate section of the Site and come into force on the day of such posting. The subject of personal data undertakes to promptly and independently familiarize himself with all changes and/or additions. If the Personal Data Subject does not agree with the changes made, he is obliged to refuse access to the Site and stop using the materials and services of the Site.

Commentary to Art. 250 Civil Code of the Russian Federation

1. If one of the co-owners sells his share to an outsider, the other participants have the preemptive right to purchase it at the price for which it is sold to a third party, and on other equal conditions. This rule was established in order to ensure the rights of co-owners, for whom the question of who will take the place of the retired co-owner is of no small importance. In addition, there may be a natural desire on their part to increase their share or become the sole owner of the property. The pre-emptive right does not apply when selling a share at a public auction, which is understandable, since the purpose of the auction is to sell the property to the one who offers the highest price for it. Co-owners can, on a general basis, take part in public auctions in order to acquire a share in the right of common ownership. Public auctions for the sale of a share, in the absence of the consent of all co-owners, can be held during foreclosure on the obligations of the owner (Article 255 of the Civil Code) and in other cases provided for by law. The pre-emptive right to purchase arises only in the event of a paid alienation of a share under a purchase and sale agreement, as well as in the alienation of a share under an exchange agreement, and only to an outsider who is not one of the participants in the common shared ownership. If a share is sold to one of the co-owners, the other co-owners lose the right of first refusal to purchase the alienated share and cannot make any claims against the seller.

2. When alienating a share to an outsider, the seller of the share is obliged to notify in writing the other participants in shared ownership of his intention, indicating the price and other conditions on which he is selling it. The law does not establish any requirements for such notice. This could be a letter, fax, telegram, etc. The main thing is that this requirement is met, and in the event of a controversial situation, the owner alienating his share can provide evidence of proper notification to other co-owners. In particular, in order to avoid problems in proving the fact of notification, it is proposed to carry out notification with the participation of a notary.

The legislator also does not determine in what form the refusal should be made. In the legal literature, two positions have been expressed on this issue. The refusal must be made either in writing, like the notice itself, or in the same form that is required for concluding a transaction for the alienation of property. The Law on State Registration (Clause 1, Article 24) contains a provision according to which the application for state registration may be accompanied by documents confirming the refusal of the remaining participants in shared ownership to purchase a share and drawn up by the body carrying out state registration of rights or notarized.

3. The period within which co-owners can respond to an offer to purchase is one month for the sale of a share in the ownership of real estate and ten days for the sale of a share in the ownership of movable property. These deadlines begin to run from the day the participants in shared ownership are notified of the intention to sell the share. These are the periods of existence of the right, and not the limitation period, therefore they are not subject to suspension, interruption, or restoration.

The refusal of the co-owners to purchase or their silence within the specified time frame means that the co-owner-seller has the right to sell the share to any third party at the specified price and on other conditions specified in the notice.

4. Failure to comply with the established rule, i.e. the sale of a share in violation of the pre-emptive right of purchase belonging to other co-owners does not mean the invalidity of the transaction. However, any participant in shared ownership has the right, within three months, to demand in court the transfer of the rights and obligations of the buyer to him. M. Zimeleva also pointed out that “violation of the right of first refusal is not a reason to challenge the transaction, since the claim based on this violation is not aimed at declaring it invalid, that is, at destroying the results of the sale, but only at putting the plaintiff in place of the buyer, that is, to replace one of the parties to the transaction" (Zimeleva M. Common property in Soviet civil law // Scientific notes of VIYUN. M., 1941. Issue 2. P. 59).

Other participants in the common shared ownership may also demand the transfer of the rights and obligations of the buyer to themselves when the co-owner alienating the share has changed the price or other terms of the sale agreement compared to those specified in the notice.

Judicial practice proceeds from the fact that the three-month period for filing a corresponding claim is preemptive and cannot be extended or restored even if it is missed for good reasons (clause 20 of the Supreme Arbitration Court Resolution No. 8). It is hardly possible to agree with such an interpretation. A more correct opinion seems to be, considered traditional in the legal literature, according to which this is a shortened statute of limitations, to which the rules on both extension and restoration are applicable.

The limitation period should be calculated according to general rules, i.e. from the moment when the person learned or should have learned about the violation of his preemptive right to purchase a share alienated by another co-owner, and not from the moment the alienation transaction was completed, since the rules contained in the commented chapter do not establish special rules for calculating the limitation period.

5. The preemptive right to purchase the alienated share can only be exercised by the co-owner himself, since the law establishes an imperative rule prohibiting the assignment of the preemptive right to anyone.