Private Law
Malek Dost Mohammadi
Abstract
Separation, one of the branches of division, is among the cases considered as the dissolution cause of diffusion. Accordingly, each partner will take the possession of a certain part of property and will own it. Concerning the distribution of diffusion properties, some significant issues can be raised, ...
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Separation, one of the branches of division, is among the cases considered as the dissolution cause of diffusion. Accordingly, each partner will take the possession of a certain part of property and will own it. Concerning the distribution of diffusion properties, some significant issues can be raised, among which the separation nature, the competent authority for separation, and decision-making about the request for separation of common property are prominent. There is no legal provision concerning the separation nature. Besides, there is a disagreement between jurists and lawyers. However, it seems that its nature is considered as a contract. From ownership viewpoint of property by individuals and its legal facets, all properties are divided into the common and exclusive properties. Yet, the methods of dividing common and exclusive properties are different. Diffusion in ownership may be voluntary or forced. It is noteworthy that that due to various issues on ownership in common property, individuals do not want to share property with others, and thereby, the division of common property rises. Competent authorities should be examined for distribution and allocation of common property and its formalities that is sometimes court and Real State Registry Office. In this study, the allocation of common property and its relevant procedure are analyzed as well as the other related issues
Private Law
Yusra Tarafdare Monfared; Mohamad Mohsen Karami
Abstract
Dissemination in common ownership and property division is subject to the rules and regulations which the legislature has observed in order to ensure the health of people's financial and transactional relations. Dissemination in ownership occurs in cases without the individuals’ will and sometimes ...
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Dissemination in common ownership and property division is subject to the rules and regulations which the legislature has observed in order to ensure the health of people's financial and transactional relations. Dissemination in ownership occurs in cases without the individuals’ will and sometimes with their motivation.In this investigation, all articles published up to the winter 2021 in Persian in distribution in ownership and division of common property were reviewed. These articles by searching databases, Law Quarterly, Iranian Scientific Journal, sid.ir, Jurisprudence and Law Quarterly and Civilica Publications, Private Law Research Quarterly, using keywords such as division, common property, common ownership, division ownership have been obtained. It has also been derived from prominent scientific journals from the above-mentioned articles and websites.Due to the common property, object or benefit or religion or similar or trustee property, the legislator has in the first place permitted the partners to make the division as they wish by consensus and agreement between them and if no agreement is reached, the split applicant can want the partners’ obligations to conduct division.Based on the research and division law and sale of common property approved in 1978, the competent authority to request the division of registered properties is the local registration office in which the property is located..
