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Separating the common share between the partners by judicial division | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Volume 14, Issue: 2 part 1, September 2024, Pages 1320-1353 PDF (957.41 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2024.147880.1211 | ||
| Author | ||
| Hussein Ammar Al-Kradi* | ||
| Department of Law / College of Law and Political Science - University of Diyala | ||
| Abstract | ||
| It is recognized that wherever the word “common share” or “common money” is found, it indicates a multiplicity of owners of the real right to this share or money, and this pluralism is followed by a multiplicity of interests and an increase in desires and favoritism in exploiting this share based on commonality, and with it conflicts, disputes, discord, and conflict increase. There is no doubt that this common share has social and economic disadvantages that make its continuation undesirable by the partners or the partners’ creditors due to each owner exercising his authority over the common thing, especially use and exploitation, which makes the common share useless from an economic standpoint, and a cause of many disputes. Socially, as well as legally, Due to the importance of this topic, as it is a vital and always renewed topic before the courts, comes the importance and necessity of the work carried out by the competent courts to determine the legal treatment through which it aims to divide this common share in a judicial division with a strict system and correct procedures followed by the judiciary that inspire a spirit of reassurance and seriousness between the litigants (partners in the dispute). Communism), and achieving equality between them to end their disputes by giving each person his right to a separate share, thus eliminating disagreement and achieving economic and social benefit; Because communism is considered, in all cases, a temporary state that is destined to end and disappear. | ||
| Keywords | ||
| judicial division; allocation of share or money; commonness; exposure and entitlement | ||
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