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THE LEGAL EFFECT OF OWNERSHIP CLAIM IN THE CASE OF REMOVING THE COMMON PROPERTY (A comparative analytical applicable study) | ||
| Journal of college of Law for Legal and Political Sciences | ||
| Article 3, Volume 8, issue 31 part 2, 2019, Pages 51-80 PDF (623.87 K) | ||
| Author | ||
| Saddam . K. Yahya | ||
| Abstract | ||
| The claim of ownership is a real estate claim that relies on a property or right of disposal established by the buyer when certain conditions are met, namely that the buyer pays the price of the entire property, and to build in the residential property, or to plant in the land with the right of disposition, and dwell the property without written opposition from the seller.As for (common property), it is a form of ownership in which the thing is owned by more than one person, so that the share of each of them is not presented in a particular part, and the partner is not forced to remain in common unless there is a condition or provision in the law. The partner who does not wish to remain to sell his share or to request the division of common money. However, the case of the removal of the common property is affected if a lawsuit is filed in the ownership of common shares in the same property. Therefore, the link between the suits is shown, the lawsuit to remove the common and claim ownership, so it is a must the delay of the removal until the decision on the ownership claim because this would affect the shares. The relationship between the two claims arises not only in the process of proceeding, but after the judgment of one or both of them. The result is an objective issue related to the amount of shares of the partners in the common money and procedural effects relating the ownership claimer or the partners of common property in challenging the decisions of the judge of the court, and also the expenses of the two cases. | ||
| Keywords | ||
| THE LEGAL EFFECT OF OWNERSHIP CLAIM; THE CASE OF REMOVING THE COMMON PROPERTY | ||
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