The civil code amendments of Act XVIII of 2004 community of property arising from succession

Abstract

What follows is an analysis of Articles 45 and 46 of Act XVIII of 2004, which act continues to amend the Civil Code and which came into force on the first of March 2005 through Legal Notice 48 of 2005. Although the focus of this paper is the area of Community of Property arising from Succession, the amendments introduced in the Civil Code deal also with the issue of community of property which does not arise from succession, in that article 46 provides for an innovative procedure allowing co-owners of a determinate thing to alienate the thing co-owned despite the opposition of other co-owner(s).