الشيوع الاجباري التبعي : دراسة مقارنة == The Obligatory Subordinate Commenness Comparative Study
Author name:
حسين عباس شحاث المسلماوي
Supervisor name:
ضمير حسين ناصر المعموري
General topic:
Law
Specific topic:
Civil Law
Degree:
Master
University:
University of Babylon - Faculty Of Law - Department Of Private Law
Language:
Arabic
University location:
Babylon
First pages:
13T1700 - p.pdf
Abstract:
Mandatory Common Ownership is of special importance since it is an exception to the origin of commonality, namely ,in every common ownership there is more than one partner .and a partner in a common property is entitled to split the common property on his own will and whenever he/she wants.This study aims to shed light on provisions related to mandatory common ownership, which is different from normal communality. In this study I have used applications of mandatory common property such as common wall, common ownership of floors and apartments. The latter is especially important due to development of architecture and expansion of buildings, especially the Iraqi legislator has not come with enough provisions to organize this kind of property. Consequently, there is legislative gap which can be avoided by getting back to the general rules of the civil law and conclusions that was reached on comparative legislation in regard with management of common property concerning the property of floors and apartments.Results and Recommendations Through this study, the researcher has reached to a set of results and recommendations, including : the Iraqi legislator does not know about mandatory common ownership which is verified by certain sources including : agreement of partners to stay in common property. This promoted the researcher to search for comparative laws to reach to enough organization for management of the common parts (property).The researcher suggest to the legislator a number of things, most importantly the following : the Iraqi legislator is requested to develop a specific chapter in the civil law to demonstrate instances of mandatory common ownership on the basis of Article 1081 which is base at the end and deals with splitting of common properties. The researcher also calls for setting enough guarantees to implement partner obligations in property of floor and apartments to decide private and common property.Study PlanThe researcher has dealt with the topic by dividing it into two chapters. In the first chapter, the mandatory common property is outlined. The chapter is further divided into two topics : the first topic tackles the concept and importance of mandatory common ownership; and the second is dedicated to the study of provision of mandatory common ownership. The first topic copes with rights and obligations of partner in the mandatory common ownership; the second topic deals with management of common parts in property of floors and apartments. This study ends with a conclusion that is consisted of results and recommendations which the researcher has reached during the study of this subject.
