ESTABLISHMENT OF OWNERSHIP OF A SEPARATE PART OF REAL PROPERTY (CONDOMINIUM) AT THE REQUEST OF THE CO-OWNER WHO HAS THE APPROPRIATE CO-OWNERSHIP SHARE – SOME OPEN QUESTIONS

Abstract

Although more than 19 years have passed since the introduction of the new concept of ownership of a separate part of real property (condominium) by the Ownership and Other Property Rights Act, there are numerous dilemmas in practice concerning its application, especially in regard to the establishment of ownership of a separate part of real property (condominium). In fact, in judicial practice (and in Croatian legal doctrine) there are different points of view about the question whether it is possible to establish condominium at the request of the co-owner who has the appropriate co-ownership share even in case of lack of agreement between all co-owners. In this paper the author analyses the legal regulation of establishment of ownership of a separate part of real property (condominium) at the request of the co-owner who has the appropriate co-ownership share with reference to the normative solutions of the 1975 Austrian Condominium Act (Wohnungseigentumsgesetz), which has served as a model
for the regulation of condominium in the Republic of Croatia, and aims at giving answers to open controversial questions.