قسمة المال المشاع - دراسة مقارنة-

Résumé: Joint ownership is a legal status resulted, in multiplicity of right holders in rem, one of the most likely explanation in Algeria can be inheritance, treated in detail by Algerian legislator in articles 714, and the following Algerian civil code, singled out for other provisions in separate legal texts, joint ownership in which many matters arising, with respect to practicing each owner of use authority, exploitation and disposition regarded as property pillars, what interest us in this context is the property division as a definitive solution of joint ownership troubles and dispute between partners, ones related particularly to the constitution of shares, that’s the main goal impelling us to bring up only this topic, we had concluded at the end of this letter with results epitomizing the following : 1. A partner in common can request the final division by common consent or litigation, so as to take his full share in rem, if that’s not possible then taking by liquidation. 2. Joint ownership state carries on if existing a text, or an agreement adjudicating remaining in joint ownership to benefit from it, or deferring division. 3. Division is carried out with the help of technical expertise, resulting from performing, and detection of divided parts, after being immaterial shares. 4. Part-owners ensure for each other what may resulting from division, like exposure or entitlement because of a prior division

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