Jurisprudential-Legal Review of Decision Making Difference Between Apartment Owners and Partners in Joint Ownership

Subject Areas : Journal of Law and Politics

Seyed Hasan  Hoseini Moghadam ¹ , Vajihe Rastegari ²

1 - استادیار دانشکده حقوق و علوم سیاسی، دانشگاه مازندران، بابلسر، ایران. (نویسنده مسئول): [e-mail]
2 - کارشناسی ارشد حقوق خصوصی، دانشگاه شمال آمل، مازندران، ایران. [e-mail]

Received: 2020-11-26 Accepted : 2021-08-17 Published : 2021-12-22

Keywords: The rule of “prohibition of detriment, Joint ownership property, The principle of domination, Apartment,

Abstract :

Joint ownership means the ownership of multiple persons in one property. According to Article 576 of the Civil Code, the administration of communal property is initially subject to the terms of the agreement between the partners, otherwise the majority opinion cannot be imposed on the minority. But does the management of the common parts of the apartment, like the common property, require the intervention of all the owners, and in this respect, is there a difference between the possession of the common property and the common parts of the apartment? The law of ownership of apartments does not require the permission of all partners and the decision of the owners of more than half of the relative area of the private parts is mandatory for other occupants of the apartment. Or the permission of each of the common partners is not possible; Moreover, in apartments, due to its special condition and the growing growth of apartment construction, any decision to materially occupy and consequently conclude a contract in order to take the necessary measures for the optimal use and maintenance of the building, in common areas subject to the general rules of common property management in Article 582 BC. It is not and there is no need for the permission of all partners. In practice, the management of apartments is based on principles that come from the management of commercial companies, especially joint stock companies due to its special conditions. This privilege should be applied in the management of other common property that has multiple partners and a majority is expected and necessary changes in law. To occur.