Common Property Law: Issues Of Theory And Practice

Abstract

The issues of common ownership have always been the subject of disputes and discussions. Since Roman law, people also asked questions of what belongs to persons who possess one thing together, a part of a thing in nature, or the right to the whole thing in general. To answer these and all other related questions, first and foremost, we need to understand the features of common property law. There are two main approaches to the way we realize the rights of ownership, the use, and the disposal concerning a common thing -individualistic and commonality. In turn, the scope of rights to own, use and dispose of a thing depends on which right the thing belongs to -the shared ownership or the joint ownership. We should note that the right of joint ownership has relatively recently received proper legal regulation. All attempts to propose other types of common property law proved to be untenable. There are also problems concerning the differentiation of rights of share ownership and joint ownership. At the same time, the dynamics of the development of the legislation on the common property law indicates a decrease in cases when such property may arise following the law.