التصرف القانوني للشريك في المال الشائع (دراسة مقارنة)(*)

Abstract

Is a common form of ownership where the thing owned byseveral people, without being concentrated share all of them,in part, in particular, but is determined by the symbolic orcalculation in the same right, right of property itself is dividedin the case of common between several people, so that each ofthem share a certain the Kalthelt or half or quarter, but thething that focuses upon the right remains divided even if it wasoriginally capable of being split .If the division has become a shared ownership foreach individual detachment accounted for the material withoutthe other partners. And multiple owners for one thing anycommon that would make use of this thing more complicatedthan if he were ownership of one person, as often very different views of the owners in how to exploitationwhich leads to difficulties that may amount to hinder theexploitation of thing, this is a common case of unwantedwhich in economic terms but nonetheless a necessarycondition can not be avoided.Perhaps the most important problems raised by thecommon work is the problem of disposal of one of the partnersin the money, common or in part without the consent of thepartners and is no secret that the actions are divided into theactions of material and other legal and dispose of the materialin the thing owned in common with the consumption orexecution, and this does not prove only to partners combined.If one was done by the aggressor on the rights of partners andwas responsible for the suffer harm because of it notpermissible for a partner to dispose of the money is commonbehavior harmful to its partners without permission because heis a foreigner in relation to the shares of other partners.It may also conduct physical thing owned in common with thechange such as construction and planting and repairs and thisin turn beyond the scope of the concept of disposition to enterinto the general work of administration is not normal. It onlydiscussed the legal acts issued by the partner to share commonor on the part secretor of money is common, or at all themoney is common and of the sale, mortgage and arrange theright of use to others it is the right partner to dispose of sharecommon all or part of a donation or set-off whether it isdisposed to him another partner or foreign partners, providedthat harms the rights of other partners. It is also their rightunder its share common subject to the possessory sanctioningexplicit the Iraqi legislature, which won this stand, contrary towhat still exists in other legislation. As that of a partner in thecommon right to be rewarded for its share of common for the partner or others, and are leasing incorrect window withoutstopping on a vacation partners or their consent. While thedisposal of a partner in the secretory portion of the money iscommon not have an impact only if there is this part when youdivide in the share of the partner .