Legal regulation of the scope and content of the liabilities transferred from the residential houses owners and deriving from the residential houses administration agreement in Latvia and Estonia

##plugins.themes.bootstrap3.article.main##

##plugins.themes.bootstrap3.article.sidebar##

Published: Dec 2, 2021

  Maria Danilevich

Abstract

Law of Republic of Latvia Law on Administration of Residential Houses states the obligations of the residential houses owners and the administrator in the process of transferring the liabilities and current issues arising from the Administration contract. Often, in practice there are disputes between the houses owners and administrator on whether the amounts owed by the residential houses owners to the administration and utilities suppliers are the liability of the residential houses owners deriving from administration assignment, other liability or the liability that does not transfer to the houses owners and stays with the houses owners. Existence of these disputes regarding the scope and volume of the liabilities being transferred indicates that the regulation of this issue is insuf cient and emphasizes the signi cance of this problem. To  nd a possible solution, it is necessary to review the laws of other EU countries, and in particular, the laws of Estonia. This article studies the process of the legal regulation of disputes regarding the scope and content of the liabilities being transferred from the residential houses administrators to residential houses owner in regards to the residential houses administration agreement within the Republic of Latvia and Republic of Estonia. The purpose of the study is a comparative analysis of the laws of Latvia and Estonia in the  eld of legal regulation of disputes regarding the scope and content of the liabilities being transferred from the residential houses administrators to residential houses owners in regards to the residential houses administration agreement with the goal of further improvement of the laws of Republic of Latvia in this  eld.

How to Cite

Danilevich, M. (2021). Legal regulation of the scope and content of the liabilities transferred from the residential houses owners and deriving from the residential houses administration agreement in Latvia and Estonia. Baltic Journal of Legal and Social Sciences, (2), 10-16. Retrieved from http://www.baltijapublishing.lv/index.php/bjlss/article/view/1355
Article views: 48 | PDF Downloads: 33

##plugins.themes.bootstrap3.article.details##

Keywords

Law on Administration of Residential Houses, the scope and content of the liabilities, disputes regarding the scope and volume of the liabilities, residential house administration, obligations of residential houses owners and administrators, administrator

References
1. Law of Republic of Latvia „Law On Administration of Residential houses” // 04.06.2009. // Latvian Journal, Nr. 96 (4082), 19.06.2009., „Rapportetur”, 14, 23.07.2009. [Entry into force: 01.01.2010.], with amendments.
2. Information and explanation of Economic Ministry of the Republic of Latvia, accessible: https://www.em.gov.lv/lv/nozares_politika/majokli/informacija_un_skaidrojumi/.
3. Law of Republic of Latvia „Value Added Tax Law” // 29.11.2012. // Latvian Journal, Nr. 197 (4800), [Entry into force: 01.01.2013.], .
4. Torgans, K. „The Civil Law of the Republic of Latvia commentary. Related rights. // Riga: „My Property”, 2000 - page 579.
5. Decision in case Nr. 33420813 from 9.11.2015.
6. Law of Republic of Estonia „Apartment Ownership Act”, 15.11.2000. // RT I, 2001, 3, 601, [Entry into force: 01.07.2001.], with amendments.
7. Tatyana Kalin. An apartment association establishment and the choice of a administration concept (according to the legislation of the Estonian Republic), accessible: (https://www.sovremennoepravo.ru/m/articles/view/%D0%A3%D1%87%D1%80%D0%B5%D0%B6%D0%B4%D0%B5%D0%BD%D0%B8%D0%B5-%D0%BA%D0%B2%D0%B0%D1%80%D1%82%D0%B8%D1%80%D0%BD%D0%BE%D0%B3%D0%BE-%D1%82%D0%BE-%D0%B2%D0%B0%D1%80%D0%B8%D1%89%D0%B5%D1%81%D1%82%D0%B2%D0%B0-%D0%B8-%D0%B2%D1%8B%D0%B1%D0%BE%D1%80-%D0%BA%D0%BE%D0%BD%D1%86%D0%B5%D0%BF%D1%86%D0%B8%D0%B8-%D1%83%D0%BF%D1%80%D0%B0%D0%B2%D0%BB%D0%B5%D0%BD%D0%B8%D1%8F-%D0%BF%D0%BE-%D0%B7%D0%B0%D0%BA%D0%BE%D0%BD%D0%BE%D0%B4%D0%B0%D1%82%D0%B5%D0%BB%D1%8C%D1%81%D1%82%D0%B2%D1%83-%D0%AD%D1%81%D1%82%D0%BE%D0%BD%D1%81%D0%BA%D0%BE%D0%B9-%D0%A0%D0%B5%D1%81%D0%BF%D1%83%D0%B1%D0%BB%D0%B8%D0%BA%D0%B8)
8. Tatyana Kalin. The legal status of an apartment association according to the legislation of the Republic of Estonia, accessible: http://www.dissercat.com/content/pravovoe-polozhenie-kvartirnogo-tovarishchestva-pozakonodatelstvu-estonskoi-respubliki.