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Thursday, 09 August 2012 17:10

Q: I am the owner of the apartment, to register my adult son, who is married. His wife is living with us, but is registered at a different address, and granddaughter registered in my apartment. What rights do to my daughter-in-law living space and granddaughter? Can they evict her son in a divorce with his wife?

Answer: Because of item 1 of article. 209 of the Civil Code to the owner owns the rights of possession, use and disposal of its assets. Apartment owner shall exercise the rights of possession, use and disposal of belonging to the right of ownership residential premises in accordance with its purpose as set part 1 of article. 30 of the Housing Code (LC RF). As follows from § 4 of Art. 60 of the Family Code, a child has the right to the property of parents, parents have no right to the property of the child. According to paragraph 1 of Art. 256 of the Civil Code the property acquired by the spouses during the marriage is their joint property, unless the contract between them is not set another mode of the property. So your son, daughter (son's wife), she would not have title to your apartment. However, due to part 2 of article. 30 LCD Russian owner has the right to give possession and (or) use belongs to him by right of ownership housing citizen in a contract of employment, contract free of charge or on a different legal basis, as well as a legal person under the lease or other legal basis to the requirements established by the civil and housing legislation. Members of the family of the owner of premises have the right of use of this location along with its owner, unless otherwise established by agreement between the owner and his family (Part 2 of Art. 31 LC RF). Members of the family of the owner of premises are required to use the premises for other purposes, to ensure its preservation. The members of the owner's family living quarters are living with the owner of the data in its own dwelling spouse, and children and parents of the owner. Other relatives, disabled dependents and, in exceptional cases, other citizens may be considered members of the family of the owner, if they are infused them as family members (Part 1 of Art. 31 LC RF). According to the Plenum of the Supreme Court (paragraph 11 of the judgment of 02.07.2009 N 14) the question of recognizing a person a member of the family of the owner of premises should be permitted, subject to Part 1 of Art. 31 LCD RF to the following:

1. Members of the family of the owner of premises are residing with him in its own private living quarters of his spouse and children and parents of the owner. In this case, the spouses are persons whose marriage is registered in the civil registry of state (Article 10 of the Family Code) to the recognition of the said persons, the owner of the universe in the living room, the family members just enough to establish the fact that they live together with the owner of this dwelling . Establish the facts of the general economy of the owner of premises, mutual financial and other support is not required.

2. Members of the family of the owner of premises may be considered independently of other family-degree relatives (grandparents, brothers, sisters, uncles, aunts, nephews, nieces, etc.) and disabled dependents of both the owner and his family, and in exceptional cases of other citizens (for example, a person living with the owner of a registered marriage), if they are infused owner of premises as members of his family. In order to recognize these persons as members of the owner's family living space requires not only the establishment of a legal fact of introduction by the owner to the living room, but also to clarify the content of the will of the owner to check them, which in the event of a dispute determined by the court on the basis of the parties, third parties, witnesses, written documents (contracts of the universe into the living room, etc.).

Also keep in mind that the registration person in the community at the request of the owner or its absence is not a determining factor for the recognition as a member of the family owner of the dwelling. The presence or absence of a person registered in a residential area is just one of the evidence in the case, which shall be assessed by the court along with other evidence.

On issues related to the implementation of the owner's family members the right to use the living room, keep in mind that Part 2 of Art. 31 LCD RF does not give them the right to check at the premises of others.

However, given the provisions of Art. 679 of the Civil Code of the unconditional right of the employer under a contract of employment and citizens permanently residing with him, to check into the living room of minors, as well as part of the 1 st. 70 LCD RF on the right of parents to check into the living room of their minor children without the required consent of the other members of the family of the employer under a contract of employment and social landlord, to ensure the rights of minor children of members of the family of the owner of premises may be granted the right to check their minor children premises (paragraph 12 of the Plenum of the Armed Forces of 02.07.2009 N 14). Therefore, your son was entitled to infuse his underage daughter in your apartment. In this case, the granddaughter became a member of your family. The place of residence of minors under the age of 14, or individuals under guardianship, is the place of residence of their legal representatives - parents, adoptive parents or guardians (paragraph 2 of Art. 20 of the Civil Code). Of these legal norms that underage children get entitled to the living area, which is defined by him as a residence agreement of parents. The law does not set a time limit after which a person can be recognized universes. This means that even if the child and the parent will be living in another dwelling, it can not serve as the basis for the recognition of the child not to have acquired the right to use the living room, which has the right to housing, one of his parents. Place of residence of children with parents live set parents' agreement (paragraph 3 of Art. 65 of the Family Code).

As a general rule, in case of a family relationship with the owner of the dwelling right use of premises for the former member of the family of the owner of the premises is not saved, unless otherwise provided by an appropriate agreement (Part 4 of Art. 31 LC RF). This means that the former members of the family of the owner shall have no right to use the living room and have to release him (Part 1 of Art. 35 LC RF). Otherwise, the apartment owner may demand their eviction in court without providing alternative accommodation.

In case of divorce, ex-wife, your son will not have any rights to your apartment. Granddaughter before it reaches the age of 14 has the right to live with you. However, in the case of removal of his son from the register in your apartment, you can write to the court and a granddaughter of the apartment.

Q: Do I (I'm 20) to contain his underage sister?

Answer: The responsibility for the content of minor children entrusted to them by their parents (Article 80 of the Family Code). But by virtue of Art. 93 of the Family Code minor children in need of assistance in the case of inability to obtain maintenance from their parents have the right to a court child support from their able-bodied adult brothers and sisters, with the necessary tools to do this. The same right is granted to disabled adults in need brothers and sisters, if they can not get the content from their able-bodied adult children and spouses (former spouses), or from their parents.

So, if you are able to work and have the necessary content for their sisters in need of assistance funds, the court may order you to pay child support for its content. Score possess the necessary means for the Court.

Q: I am going on holiday to the schedule set by the administration, and I do not pay holiday pay, said that after the holiday pay or on holiday within the collective agreement days (5th and 20th day of). Is this correct?

Answer: In accordance with Art. 136 of the Labour Code vacation pay is made not later than three days before the meeting. The established procedure for payment of the collective agreement vacation contrary to Art. 136 of the Labour Code and can not be applied.

Q: In which court to sue me for protecting my rights as a consumer?

Answer: In accordance with Art. 17 of the Law of the Russian Federation from 07.02.1992 "On Protection of Consumer Rights" claims on consumer protection may be made at the option of the plaintiff in the court of the place:

of the organization, and if the defendant is an individual entrepreneur - his residence;
residence or stay of the claimant;
the formation or performance of the contract.

If the claim to the organization stems from the activities of its branch or representative office, it can be presented to the court at the location of its branch or representative office.

This way, you can go to court at the place of residence or stay, or at the location of the organization - the defendant (or its branch, representative office) or place of detention or execution of the contract. The choice is yours.

Q: My brother abusing alcohol, repeatedly beat his father insisted that his father sold his house and gave him the money. Recently, my father died, my brother can inherit the father's property?

Answer: In accordance with Article 1117 of the Civil Code shall not inherit either in law or by the will of the citizens who, by their willful misconduct against the testator, any of his heirs or against the implementation of the last will of the testator as expressed in the will, helped or tried to promote the vocation of themselves or others to inherit either contributed or attempted to contribute to an increase owed to them or to others share of the inheritance, if these circumstances are confirmed by the courts. However, citizens who are the testator after the loss of the right of inheritance bequeathed property, right to inherit the property. Not inherit by law after the parents of the children on whom parents have been judicially deprived of parental rights have not been restored to these rights on the day of opening of the inheritance. At the request of an interested person the court suspends the law of inheritance citizens willfully evading lying to them by the law of the obligation to maintain the testator. A person is not entitled to inherit, or removal from the succession on the basis of this article (an unworthy successor) shall return all property received by him unjustly from the inheritance.

Thus, the behavior of your brother gives reason to classify it as unworthy heirs. But to remove him from the succession can only be in court at the request of the person concerned (for example, another heir).