Types of Apportionment of communal money

10.2478/bjlp-2022-002098

Abstract

Common property y is an exceptional temporary condition that is doomed to expiry, because communality is not desirable as long as it arouses disputes between partners, and no matter how accurate the arrangement of communism is, it is nevertheless impossible to put an end to these disputes, and the maximum that can be reached from this arrangement is to prevent disruption of the use of something common. Communality is also not desirable economically because the multiplicity of owners makes the exploitation of the situation more complicated, which is reflected in its impact on the public interest of the society. Therefore, the legislator is keen to facilitate the prevalence of the state of communality and the return of property to its normal state, i.e. a separated property, and where the reasons for the prevalence of communism are multiple, but the main reason which aims to end the state of commonness is apportionment and this apportionment has two types, consensual and judicial, and each of them has its provisions and conditions, and each leads to ending the state of commonness, but in a different way and special procedures.