Review article
ON SOME ASPECTS OF THEORETICAL AND PRAGMATICAL CONCEPT OF CO-OWNERSHIP
Davorin Pichler
; Faculty of Law, University of Josip Juraj Strossmayer in Osijek
Tomislav Nedić
Abstract
The paper deals with analytic and critical aspects of theoretical and pragmatical concept of co-ownership. The principles of arranging co-ownership in the theory of the Croatian civil law is elaborated and particular cases in contemporary court practice representing the most frequent dilemmas when it comes to the implementation of co-ownership institute are analyzed. The issue of acquiring (co)ownership on the grounds of the reconstruction of family houses that were damaged in the time of Homeland War has been reviewed. The consequences of certain legislative limitations to exercising the right of co-ownership in court practice have been pointed out. The critical analysis aims at defining the guidelines and possible solutions to disputable issues by suggesting at the same time the necessary legal interventions and de lege ferenda solutions in Croatian legal system. Equal interpretation, uniform implementation and unification of court practice are necessary for the purpose of legal certainty. Clarifying certain segments can contribute to more homogenous, clearer court practice concerning co-ownership disputes, which will finally enable parties to similar disputes to exercising their subjective rights in the best possible way.
Keywords
Co-ownership; aliquot part; disposition; management; division; co-owners; thing; storey property; co-ownership
Hrčak ID:
145495
URI
Publication date:
30.4.2015.
Visits: 2.434 *