Legal relations between owner and possessor
Legal relations between owner and possessor
A bond arises between the owner and the occupier in connection with the expenses and improvements made by the occupier. However, these relations are governed by the norms of 3C (property law). Property relations also arise from the possession - they are in connection with the acquisition of the fruits, with the acquisition of the ownership by statute of limitations, with the protection, etc. And they are settled by 3C. Here we will consider only the claims for the expenses that the owner has incurred on the other's property.
It is clear from the regulations that only the owner has the right to claim the expenses incurred on the foreign property. His claim is against the owner. Only the relations between the possessor and the owner are settled.
What has been said can be better illustrated by mentioning other persons who make improvements on someone else's property, but their claims are not governed by property law norms. They are the following:
a) Holder - enhancer.
The holder is not the owner, because he does not hold the item as his own, but holds it for another person with whom he is in a contractual relationship, for example, rent. Therefore, the relations with the owner will be regulated by the norms of bond law. He is given the right to deduct the expenses he made for minor repairs from the rent.
If, on the other hand, he has made significant improvements, due to the fact that he has undertaken the management of someone else's property without a mandate, the relationship will be governed either by the rules of conducting someone else's work without a mandate, or by the rules of unjust enrichment.
6) The bearer of a property right on another's property
The user or superintendent also incurs expenses in connection with the use and development of the foreign property.
But these expenses are at their expense.
c) The co-owner - improver.
Usually, the co-owner owns the property according to his share. Even if he exercises de facto authority over the entire property, he is a holder for the other co-owners.
The co-owner is the holder of the share of the other co-owners, if he does not intend to own it.
In order for the right to claim to arise, two conditions are necessary - that expenses or improvements have also been incurred
as well as the thing, to exist. If the item died after the upgrades, they are not searchable by the owner.
As for the expenses incurred before the destruction of the object, it is assumed that the claim arises from the moment of abandonment of the property, delivery of the belongings to the owner, filing of a claim or from the day of the judgment. If at this point the item, resp. improvements do not exist, no right to compensation arises.
Attorney at law Iuila Danova
#3, Dobrotica Str., Varna, Bulgaria
Mob: +359 895 64 59 40
WWW: advokatvarna.com
Email: iulia.danova@abv.bg