Common ownership is the ownership of two or more parties for the same money and consider are equal shares holder unless another allegation is proved or the common owned money left to them as inheritance which means their shares estimated according to Sharia . The common thing is not shared by the partners ,but each partner has a stake in it . This is what characterize common ownership from joint ownership . Each partner shall have the right to divide the common money either by agreement or by judgment .
The main result of common money division is that common money converted to finite parts or a detachment .
The first effect of division is excretion
The secretion deals with three main axes . 1- secretion of common money . 2- The effect of division in previous actions . 3- The effect of division on previous rights in kind .
Common money :
How to extract money commonly depends on the nature of the money to be divided if shares were distributed to each partner according his share . If the money is constructed the names and the space of each part of the partner are specified . the time of discharge is determined by the time of its separation . The secretion is the result of division and on the date of completion , it has no retroactive effect to divide the impact on previous actions .
Where the conduct of the partner by its common share is true after division because it has acted in the possession of whether the act transfer of ownership or arrangement of aright in kind .
The disposition of a divided part is done according to two hypotheses
The first assumption : If the collective conduct of the partners or by the majority of the authorized by the law , the conduct is valid either before or after division .
Hypothesis 2 : If the part of a partner is disposed of only or of same who do not have the required majority for the validity of the act for example , if partner exploits the deter mention of the right of an agreement or the use of apportion of the common money , this right before division has no effect .
After division : If the disposition occurs in the part of the disposition in the share of the managing partner , the effect shall be the creation or transfer of any right ( transfer of conduct ).
If the disposition of the part of the disposition occurs in the share of another partner , it is obtained without any right , ie ” non- effectiveness of the act ” in the face of it , and the manager has no recourse but to the employer compensation in accordance with general rules .
The impact of division on the rights in kind before them.
Article 839 civil provides that “If the share of the partner prior to the division burdened with the right of the right to be divide by the apportionment , the share of the privatized partner or part of what occurred in this share shall be equal to the value of the share that was burdened with the right and the court shall appoint this part if the parties do not agree according :-
If the pre-divisional right has been received for all the common funds owned by the partner, this right burdens the whole part of the part to which it belongs under the division if the right in kind weighs a share of the common share hold by the partner as if the partner owns the half and decides in kind only a quarter , the division should be half of the money, but not all the right in kind , but weighs a quarter .