الإصدار التاسع: 6 أكتوبر 2020
من مجلة الشرق الأوسط للنشر العلمي

The Invalidity of Legal Actions (The Action Of Partner On A Detached Part Of The Common Real Estate)

Dr. Nadia AbdulAly Kathim Kathim

Common ownership is one of the things that raises many problems between partners, as it is the participation of several people in one money without setting shares, meaning that each partner has a percentage or share of this money without knowing the location of this share or percentage, and given their multiplicity and desire of each of them in Realizing his interest through selling or benefiting from this joint money, and for each partner's desire to achieve his personal interest, it may harm his partners or others, and the dispute does not arise between the partners if they collectively agree on a specific behavior such as selling or renting or even destroying this money if it is constructive so this agreement It is true, just as the behavior of one of the partners within the limits of his non-certain share in a material designation does not give rise to any dispute between the rest of the partners as long as this procedure does not cause harm to the rest of the partners, the buyer will replace their partner as much as his partner had the seller, but what if he identified or appointed one Partners share this common money without knowing the rest of the partners and made it? What should not be valid of the actions that are expected to be implemented by the partner in common are what is considered as a detached part i.e. a specific part of the real estate, or if the action of the partner has been performed on the entire common real estate. In these two assumptions, even if they have been considered between its parties, the one who performed the action and the one who the action was performed for, as right actions- as we will see later. However, their correctness does not mean that they are valid for the (share) of the rest of the partners who their rights shares were related to the place of the action. Therefore, it is obligatory to declare its correctness because a property owner issued it-as any action issued by a property owner on what he owns. In addition, it is obligatory to declare its invalidity in the share of the rest of the partners who are not taking actions unless they approve it and declare it as valid or approve the escheat of the part under the action for the partner implementing the action.

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