Noua fizionomie a coproprietăţii obişnuite în lumina dispoziţiilor actualului Cod civil

Av. dr. Ioana Alina STANCA

Baroul Cluj

ABSTRACT

Along with the usual classical vision of temporary co-ownership, established by the Civil Code of 1864, which ignored the subject entirely, as a separate institution, for the benefit of individual property co-ownership, co-ownership been considered a transient situation, exceptional, New Civil Code outlines, through a series of changes a new physiognomy of this institution of civil law.

Although almost all news reported during this study were foreshadowed before by the doctrine and practice of civil law, legal consecration of such changes as rebuttable presumption of equal shares of ownership, shared use, alleviating the unanimity rule, the establishment of majority rule in the case documents management, unenforceability sanction for breach of prev. of art. 641 Civil Code, innovative action to recover, the effect of incorporation of shared intention,...