CONSTRUCTION AND TECHNICAL EXAMINATION ON INDIVISIBILITY OF A RESIDENTIAL BUILDING AS A MEAN OF ESTABLISHING EVIDENCE IN CIVIL PROCEEDINGS release_uovw6wehwvhkpng5t47ff6hsvu

Abstract

The article deals with the issues of forensic examination as a mean of establishing evidence in civil proceedings, highlights the peculiarities of construction and technical examination in cases of termination of a person's right to share in the common property. The author concludes that provision of the construction and technical examination in cases related to the termination of a person's right to a share in the common property requires an integrated approach. An expert shall use various methods, evaluate the object of an examination according to various criteria, and make consistent and logical conclusions in order to prepare an informative report. Proper justification of the plaintiff's position and proof of the technical impossibility of dividing the disputed property provides court with the grounds to satisfy the claim on termination of the right to a share in the residential building even with large area. However, like any other evidence, the expert's report does not have a predetermined force for the court and is subject to assessment in conjunction with other evidence and circumstances of the case.
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