Citizens often apply to the office with a desire to carry out a "renaming", considering the process of removing the names of the individuals specified in the ownership certificate from the certificate as a renaming.
Therefore, it is necessary to know the following.
1. The individuals specified in the ownership certificate are the owners of that property. According to Article 8 of the Constitution of the Republic of Armenia, the right to property is recognized and protected in the Republic of Armenia: The owner has the discretion to possess, use, and manage the property belonging to him. The exercise of the right to property should not cause harm to the environment, violate the rights and legal interests of other individuals, the public, and the state. The state guarantees the free development of all forms of property and equal legal protection, the freedom of economic activity, and free economic competition.
According to point 1 of Article 21 of the Civil Code of the Republic of Armenia, citizens can own property by right of ownership. According to Article 135 of the Civil Code of the Republic of Armenia, the right of ownership and other property rights over real estate, their limitations, origin, transfer, and termination are subject to state registration. The following are subject to registration: the right of ownership over real estate, the right of use, mortgage, servitudes, as well as other rights provided for in this code and other laws in certain cases. This means that the state pays special attention to the legal regulation of an individual's right to property. But what is the right to property?
According to Article 163 of the Civil Code of the Republic of Armenia, the right to property is the right recognized and protected by law and other legal acts, allowing the subject to possess, use, and manage the property belonging to him at his discretion. The right of possession is the legally secured possibility of actually possessing the property.
The right of use is the legally secured possibility of extracting the useful natural properties from the property, as well as obtaining benefits from it. The benefit can be in the form of income, fruits, growth, offspring, and other forms.
The right of management is the legally secured possibility of determining the fate of the property.
The owner has the right to perform any actions regarding his property at his discretion, which do not contradict the law and do not violate the rights and legally protected interests of other persons, including alienating his property as ownership to other persons, transferring to them the rights of use, possession, and management of that property, pledging the property, or managing it in other ways.
The owner can entrust his property to another person for fiduciary management. Entrusting the property to fiduciary management does not result in the transfer of the right of ownership. The fiduciary manager is obliged to manage the property in the interest of the owner or a third party designated by him.
How is the change of ownership carried out, or as citizens say, the renaming? The answer to that question is primarily Article 172 of the Civil Code of the Republic of Armenia, which specifies the grounds for acquiring the right of ownership.
2. The right of ownership may arise over new property prepared or created by a person for himself:
3. The change of ownership (renaming) of property with an owner is carried out on one of the following grounds:
Sale - The most common legal means of alienating goods and property. For the sale of real estate, a contract is concluded, notarized, and then the rights arising from it are registered by the relevant territorial subdivision of the cadastre.
Exchange / barter. Money is the main means of circulation between citizens, so barter is now very rarely used. In this case as well, a contract is concluded, notarized, and then the rights arising from it are registered by the relevant territorial subdivision of the cadastre.
Donation. In cases where the alienation of property is not of a compensatory nature, the most effective legal means of transferring the right of ownership is donation.
4. In cases and procedures provided for by the Civil Code, a person may acquire the right of ownership over property that has no owner, as well as over property whose owner is unknown, or from which the owner has renounced, or over which he has lost the right of ownership for other reasons provided by law:
5. According to Article 187 of the Civil Code of the Republic of Armenia, the right of ownership over property may also arise on the basis of acquisitive prescription.
1. A citizen or legal entity that is not the owner of real estate but has possessed it in good faith, openly, and continuously as his own for ten years acquires the right of ownership over that property (acquisitive prescription).
2. A person invoking acquisitive prescription may add to his possession period the time during which that property was possessed by the person from whom he is a successor.
3. Possession must be for 10 years and continuous. That is, possession of the property must not be interrupted during the 10 years. Possession may be interrupted either by the will of the possessor when he renounces further possession of the property (the property leaves his possession), or by the actions of the owner of the property or other persons aimed at returning the property.
4. Possession must be open, that is, the actual possessor must not possess the property in a secret manner from third parties ...