No. 11

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Review of Court Practice in Disputes on Reclamation of a Share in Common Joint Property
(2025) Dzera, Iryna
The article examines the current court practice in cases involving the application of civil sanctions in the form of reclamation of part of property by one of the co-owners in common joint ownership. The author analyzes the grounds for vindication of property and the types of property that may be reclaimed by way of vindication. Based on the study of the arguments contained in the judgments of the Supreme Court, the author notes that certain legal positions are controversial and inconsistent with the provisions of civil and family law. Taking into account the author's arguments, the author determines the appropriate and effective ways to protect the rights of co-owners in case of alienation of common property by one spouse without the consent of the other spouse.