Document Type : Original Article

Authors

• Yusra Tarafdare Monfared ¹
• Mohamad Mohsen Karami ²

¹ Master Student of Law, Private Law, Islamic Azad University of Science and Research Branch, Ilam, Iran

² Master of Law, Private Law, Islamic Azad University of Ilam, Iran

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 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..

Keywords

• Division
• Common Property
• Common Ownership
• Division Ownership

Main Subjects

• Private Law

 

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