Disposition of Shares in the Right of Ownership and Exclusive Right

Even in Roman law, the possibility of alienation of a co-owner’s share (subject to the preemptive right of purchase) was provided. This method of guaranteeing the interests of a co-owner has been preserved in European legal systems; and was also present in Russian law, although a single legal mechanism was legislatively enshrined only in the Soviet period, from where it was borrowed by modern Russian law. With regard to another full absolute right – exclusive – “share” determines the size of claims to income and compensation for violation, and is not currently an object of circulation. This prevents the involvement of the results of intellectual activity in circulation and investment in their development. The bill currently being considered in the State Duma will not solve the problems in this area.