Determination of the Legal Nature of Common Property
Author : Ana Tseradze 21/03/2025
Article ABSTRACT
This article is devoted to determining the legal nature and essence of common property, where this institution originates from, and what its legal nature is in modern law. The article discusses the types of common property, distinguishes between joint and shared property rights, as well as key issues related to common property that concern the management of shared property and the procedure for disposing of shared property.
As for the common property of spouses, in order to protect the share of both spouses in the real estate jointly owned by the spouses, it is advisable to register these shares in the name of both spouses in the public registry; only in this way it shall become known to any, including bona fide third parties, that the property is a common property of the spouses and not the individual property of one of the spouses.
The article pays special attention to the plurality of subjects determined by common property and their rights and obligations, the manifestation of legal problems caused by the common property of persons with fractional and co-ownership rights in common property and the search for ways to solve them. The interest in the issue under discussion is also due to the fact that similar legal problems were also observed in the civil legislation of the Roman-Germanic countries. Accordingly, the area of interest of the mentioned article is the study of the legislation of both Georgian and foreign countries and the characterization of the legal nature of common property, which is important both from the point of view of scientific accuracy and practicality
Keywords: Common ownership, Joint ownership, Shared ownership
Article DOI: https://doi.org/10.55367/LKHA3010