common property
-grazhdansko-legal institution of legal status of the property, which is an accessory of the same property at the same time several owners.
OS occurs on the grounds: marital status, in order of succession, the joint buying things, etc.
GC distinguishes two types of O. C .: severally and jointly.
Fractional ownership - a kind of OS, in which each of its members belong to a certain percentage, the amount of which is determined by law or by agreement of the parties O. If law or contract does not directly determine the size of shares in the right to common property, they are assumed to be ie separation occurs in the number of participants in the common share ownership.
Ownership of the total the estate belongs to all the co-owners in the amount corresponding to their shares. The implementation of this law, which includes the right of disposal, may be carried out only by a unanimous decision of all the co-owners, and in his absence the owner of a particular share may exercise his right only by court order.
The co-owners have the right to dispose of their shares at their discretion, but onerous alienation of a share, is only possible with pre-emptive rights of such share by the other co-owners. In the case of the sale of its shares to other parties other owners have the right within a reasonable time to demand that its share of the specified conditions, the transferor has been sold to them.
A full section of the property which is in common ownership, OS is terminated and there is a property right of everyone to his property. When the real issue share one of the participants of the common property is reduced in an amount equal to that percentage, but it retains the right to OS remains the owner.
Joint ownership means that the ownership of the property is not divided between the owners and jointly owned by them. In total, co-ownership share of the participants are not determined in advance, they can be defined only in cases section, or select by mutual consent, or by court decision.
Total joint ownership occurs only in exceptional cases expressly provided for by law.
The joint ownership may, in its agreement to replace them with relations of common ownership under the contract.
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