Original scientific paper
Establishing Tenant Ownership on the Basis of Proportional Co-ownership Share of the Real Property
Davorin Pichler
; Pravni fakultet Sveučilišta u Osijeku
Abstract
The survey of the Osijek District and County Courts procedures related to the motion to determine the usable values of flats and into procedures of establishing separate parts of real property by the means of apportioning plans as well as the tenant ownership study procedures resulted in different and inconsistent approaches in the process of creation of the study and establishing the usable surface area. The paper deals with the analysis of judicial decisions on determining usable surface and indicates the problems emerging in practice while establishing the tenant ownership based on proportional co-ownership share of the real property. It also gives suggestions to passing a by-law on the procedure of tenant ownership study creation i.e. calculation of usable values of particular real property shares and usable values of all flats and other independent premises of the entire real property. Its goals are equal interpretation and application of tenant ownership by all parties to the procedure as well as legal security, uniform application of law and harmonisation of judicial practice. As a possible approach to the solutions in Croatian legal system the paper also analyses the regulation of tenant ownership in the Republic of Slovenia. In conclusion, it establishes the need for professional training of judges, court counsellors, court appointed expert witnesses, civil servants through application of a multidisciplinary approach to the issue of tenant ownership procedure based on other scientific disciplines e.g. civil engineering and economics.
Keywords
tenant ownership; co-ownership; expert witnessing; usable surface; tenant ownership study; independent usable unit
Hrčak ID:
141211
URI
Publication date:
13.4.2015.
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