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SUB-CHAPTER 5. Restrictions on Ownership (Sections 1067-1129)

07.04.2022. Judgment of the Department of Civil Cases, case No SKC-177/2022 Compliance with the requirements of Section 195 of the Civil Procedure Law of the operative part of the judgment on termination of joint ownership by returning the property to one of the joint owners

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03.02.2022. Judgment of the Department of Civil Cases, case No SKC-53/2022 Application of Section 1075 of the Civil Law when dividing a complex joint propertyvvvvv

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08.06.2021. Judgment of the Department of Civil Cases, case No SKC-542/2021 State duty in a claim for a division of jointly owned property

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03.03.2021. Decision on Ancillary Complaint of the Department of Civil Cases, case No SKC-314/2021 Observing a request for corroboration in part

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15.04.2021. Judgment of the Department of Civil Cases, case No SKC-16/2021 Legal nature of addition to entirety of property of the estate of that which was received previously

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25.11.2020. Assignment Hearing Decision of the Department of Civil Cases, case No SKC-1328/2020 Application of Section 1 of the Civil Law in case of division of joint property

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15.12.2020. Judgment of the Department of Civil Cases, case No SKC-231/2020 Good faith as a criterion for determining the limits of the exercise of subjective rights provided for in Sections 1074 and 1075 of the Civil Law; Aspect of application of Section 44, Paragraph 11 of the Civil Procedure Law

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16.01.2020. Judgment of the Department of Civil Cases, case No SKC-36/2020 Lack of right to make a claim for extinguishing a registration of a mortgage on an undivided share belonging to another joint owner

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17.12.2019. Judgment of the Department of Civil Cases, case No SKC-259/2019 Unjust action for termination of joint property

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17.12.2019. Judgment of the Department of Civil Cases, case No SKC-217/2019 Right of pre-emption of the owner of a building (construction) to the land if the presumed share of the joint land property is disposed of to another joint owner of the land property

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17.12.2019. Judgment of the Department of Civil Cases, case No SKC-206/2019 Non-existence of the rights of third parties of demolition of constructions

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17.12.2019. Judgment of the Department of Civil Cases, case No SKC-162/2019 Application of provisions of the Law on Residential Properties and the Civil Law in administration of a residential house held in joint property if is not divided in residential properties

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06.03.2019. Judgment of the Department of Civil Cases, case No SKC-135/2019 The different aspects of the examination of a case of division of an estate

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17.04.2019. Judgment of the Department of Civil Cases, case No SKC-107/2019 Right of first refusal and right of pre-emption to land utilised for agriculture

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28.03.2019. Judgment of the Department of Civil Cases, case No SKC-64/2019 Duty of the flat owner to ensure facilities to receive the bills for house management

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21.02.2019. Judgment of the Department of Civil Cases, case No SKC-33/2019 Aspects of division of joint ownership

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30.11.2018. Judgment of the Department of Civil Cases, case No SKC-364/2018 Legal relations of a residential property owner and an acquirer of a residential property not registered in the Land Register

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18.12.2018. Judgment of the Department of Civil Cases, case No SKC-340/2018 Termination of joint ownership of the property if a residential building subject to privatisation is located on the plot of land

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12.04.2018. Judgment of the Department of Civil Cases, case No SKC-87/2018 The provisions of the Law on Residential Properties are not applicable in a dispute between immovable property owners to individual buildings

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12.03.2018. Judgment of the Department of Civil Cases, case No SKC-1/2018 The right of a joint property owner to dispose of the object of joint property as long as it doesn’t affect the rights or interests of other joint property owners

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04.07.2017. Judgment of the Department of Civil Cases, case No SKC-229/2017 The necessary conditions for installation in the future of a servitude of right of way; Establishing a servitude for the benefit of immovable property being in joint ownership

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05.10.2017. Judgment of the Department of Civil Cases, case No SKC-188/2017 Determining the status of public waters

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30.03.2017. Judgment of the Department of Civil Cases, case No SKC-95/2017 The legal nature and consequences of the possession of procedural rights

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23.11.2016. Judgement of the Department of Civil Cases, case No SKC-287/2016 Closing a contract of forced lease hold with one of the co-owners

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16.11.2016. Judgement of the Department of Civil Cases, case No SKC-280/2016 Determining a divided use of a building being in joint property

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16.05.2016. Decision of the Department of Civil Cases, case No SKC-34/2016 Preconditions for reimbursement of costs for repairs of co-owned building. Detection of unauthorized costruction.

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14.05.2013. Judgement of the Department of Civil Cases of the Senate, case No SKC-173/2013 Sick-lists as substantiation of justified no-show in a court hearing; Determination of value of joint property, when reviewing complaint about division of that

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01.10.2013. Judgement of the Department of Civil Cases of the Senate, case No SKC-97/2013 and separate opinions of senators Anda Briede, Valerijans Jonikans and Edite Vernusa Conditions of classification of basic case and ancillary case

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05.12.2012. Decision of the Department of Civil Cases of the Senate, case No SKC-1800/2012 Corroboration of agreement of co-owners upon use of joint property in landbook

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06.07.2012. Judgement of the Department of Civil Cases of the Senate, case No SKC-1389/2012 On distribution of a common property of spouses

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26.10.2012. Judgement of the Department of Civil Cases of the Senate, case No SKC-710/2012 Inheritance of pre-emptive right. Obligation of an expropriator to sign purchase contract to entitled person, lapse of pre-emptive and redemption

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23.05.2012. Judgement of the Department of Civil Cases of the Senate, case No SKC-250/2012 Water consumption difference between counters of the apartment house and those of apartments and conditions of defrayment thereof

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21.09.2011. Decision of the Department of Civil Cases of the Senate, case No SKC-1089/2011 (CHANGE OF CASE-LAW) On legal character of pre-emption rights; on refusal from corroboration of pre-emption rights in a landbook

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02.11.2011. Decision of the Department of Civil Cases of the Senate, case No SKC-781/2011 and separate opinion of the senator Normunds Salenieks Right to register an agreement on sequence of use of real estate in a landbook

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31.08.2011. Judgement of the Department of Civil Cases of the Senate, case No SKC-220/2011 On explanation of the Section 77 of the Civil Procedure Law 

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09.11.2011. Decision of the Department of Civil Cases of the Senate, case No SPC-69/2011 Necessity for consent of joint owners, when selling real estate in voluntary auction in court procedure

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15.09.2010. Judgement of the Department of Civil Cases of the Senate, case No SKC-171/2010 Termination of a servitude with concurrence of the right and the obligation in one person

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16.12.2009. Judgment of the Department of Civil Cases, case No SKC-346/2009 Claim of joint owners to determine the share of one joint owner while maintaining the relationship of joint ownership with each other

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09.12.2009. Judgement of the Department of Civil Cases of the Senate, case No SKC-333/2009 On binding force of agreement between parties, by which legacy was distributed

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25.02.2009. Judgement of the Department of Civil Cases of the Senate, case No SKC-54/2009 On distribution of joint property

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29.10.2008. Judgement of the Department of Civil Cases of the Senate, case No SKC-354/2008 On a building as independent object or real estate right

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11.06.2008. Judgement of the Department of Civil Cases of the Senate, case No SKC-250/2008 On pre-emption rights

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23.01.2008. Judgement of the Department of Civil Cases of the Senate, case No SKC-36/2008 On pre-emption rights

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23.01.2008. Judgement of the Department of Civil Cases of the Senate, case No SKC-34/2008 Application of standards of the law “On Residential Property” and establishment of redemption rights

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24.10.2007. Judgement of the Department of Civil Cases of the Senate, case No SKC-703/2007 On procedural importance of new variant of procedure of use of joint property

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10.10.2007. Judgement of the Department of Civil Cases of the Senate, case No SKC-690/2007 On observation of limits of a claim

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05.12.2007. Judgement of the Department of Civil Cases of the Senate, case No SPC-60/2007 On actual distribution of joint property

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03.01.2007. Decision of the Department of Civil Cases of the Senate, case No SPC-17/2007 The jurisdiction of a claim for a division of joint property

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23.05.2007. Decision of the Department of Civil Cases of the Senate, case No SJC-7/2007 On newly discovered circumstances

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18.10.2006. Judgement of the Department of Civil Cases of the Senate, case No SKC-561/2006 On rights to joint property

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20.09.2006. Judgement of the Department of Civil Cases of the Senate, case No SKC-500/2006 On consequences of authorization of unassigned record-keeping

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15.03.2006. Judgement of the Department of Civil Cases of the Senate, case No SKC-48/2006 On property right of a member of a garage owners’ cooperative to a garage acquired in legal possession

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10.08.2005. Judgement of the Department of Civil Cases of the Senate, case No SKC-429/2005 On right to use waters of private lakes 

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14.01.2004. Judgment of the Department of Civil Cases, case No SKC-5/2004 Restrictions on termination of joint property

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14.06.2000. Judgment of the Department of Civil Cases, case No SKC-273/2000 Determining the procedure for the use of premises in a housing property

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10.05.2000. Decision of the Department of Civil Cases, case No SPC-30/2000 The recovery notation entered in the Land Register and the notation of securing the claim after their making give an advantage to the right confirmed by the notation and are binding on all persons whose rights have been secured after the making of the notation

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19.01.2000. Judgment of the Department of Civil Cases, case No SKC-19/2000 Real distribution of joint property (Section 1070 of the Civil Law)

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16.11.1999. Judgment of the Department of Civil Cases, case No SKC-654/1999 On the procedure of use in common house ownership and domestic importance of premises

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16.11.1999. Judgment of the Department of Civil Cases, case No SKC-645/1999 Property rights registered in the Land Register can only be disputed by a property claim

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15.09.1999. Judgment of the Department of Civil Cases, case No SKC-572/1999 The co-owner may pledge his share of the joint holdings without the consent of the other co-owners. The object of the pledge may be not only existing but also future - both corporeal and intangible things

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14.04.1999. Judgment of the Department of Civil Cases, case No SKC-228/1999 The right of the co-owner to dispose of his share (Article 1072 of the Civil Code)

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17.03.1999. Judgment of the Department of Civil Cases, case No SKC-169/1999 On the actual allocation of the joint ownership or determination of the procedure for its use

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03.02.1999. Judgment of the Department of Civil Cases, case No SKC-58/1999 Each notional share in the joint ownership is a separate subject of civil circulation and does not require the consent of the co-owner to enter into the exchange agreement

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31.03.1999. Judgment of the Department of Civil Cases, case No SPC-30/1999 Legal capacity to mortgage real estate

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17.03.1999. Judgment of the Department of Civil Cases, case No SPC-15/1999 Termination of joint ownership

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15.04.1998. Judgment of the Department of Civil Cases, case No SKC-225/1998 The emigration of one co-owner of a house property on the basis of the Latvian-German agreement of October 30, 1939 “On the Relocation of Latvian Citizens of German Descent to Germany” cannot be a basis for recognizing that other co-owners also lose property rights to the house property

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27.11.1996. Judgment of the Department of Civil Cases, case No SKC-152/1996 On physical division of joint property

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