The nature of the right of co-ownership and its consequences

Abstract

The aim of this thesis is to give an overview of community of ownership and its consequences. This study is divided into five chapters and each chapter discusses a particular area dealing with community of ownership. Reference is made to various authors and judgments discussing the various theories and definitions that were forwarded in the field. The first chapter of this thesis examines in detail the juridical nature of the state of common ownership. It starts by giving a definition of the community of ownership as upheld by various authors. The author also establishes the rights which the co-owners have over the property held in common. Rights always encompass correlative obligations. The co-owners furthermore have to observe certain rules when administering the community of ownership. The second chapter deals with the state of condominium which arises where certain parts of a building are held in common while other parts are owned separately. This chapter establishes the meaning of condominium and common parts. It also examines the fundamental legal differences that exist between the juridical concept of community of ownership and condominium. The third chapter deals with a new procedure that has been enacted under article 495A which gives the majority of the co-owners the ability to sell a thing held in common. This procedure made an overhaul in facilitating the way by means of which co-owners may dispose of common property and court judgments confirm this trend. The fourth chapter examines when, and in what manner, partitioning of property held in co-ownership may take place to terminate the community. The methods which are available to the co-owners to partition property held in co-ownership are also mentioned. Reference is also made to obstacles as well as problems that may arise when dealing with a partition.