Common Royal Commons

Common Ownership

Some notaries often make contracts in which, in the event of communism, the property is the property of a group of persons having a property relationship with the property or movable, as it is regulated by the Algerian legislature through articles 713 to 742 BC. M.L. c) For this, we must try to examine some of the essential elements of this type of ownership according to the following methodology:

- Definition of common ownership,

- Managing common money, which is two types:

* Managing the usual common money.

* Managing unusual common money.

- Save common money,

- Disposition of common money,

- The partner's conduct in a non-detached share;

* Divide common money which is types:

- Friendly division, convention or consent, judicial division (proceedings),

- Division prepared is two types:

- Time-bound,

- spatially prepared,

- Effects of division.

1. Definition

Communism is a legal situation resulting from the multiplicity of holders of the right in kind, the common property defined in article 713 BC. M.L. ' A, if two or more things are owned and the share of each of them is undecided, understand the partners on communism, and the quotas are considered equal unless proof is established.

According to article 714 B.C. M.L. ' Every communist partner has shown us that they have full ownership of their stake, that they can dispose of it, take over its fruits and use it so that it does not prejudice the rights of other partners.

2. Managing common money

Managing the usual common money

- By article 715 bis. M.L. ' Managing common money is the right of all partners together unless there is an agreement to the contrary and this is the asset in managing common money,

If this is not achieved, the opinion of the majority of partners shall be binding on all, according to the following:

As stipulated in article 716 S. M.L. ' c, the majority opinion requires the minority to choose a manager, establish a system of good utilization of common money and, implicitly, administer common money without objection from the rest, except as their agent.

2-2 - Managing unusual common money

Article 717 " M.L. ' c And she showed to the following:

Partners with at least 3/4 common money decide to make better use of fundamental and modified changes and declare this to other partners.

Those who violate them have the right to appeal to the Court within 02 two months of the time of the Declaration,

The Tribunal may decide whether the decision taken is appropriate for the benefit of the partners, and in particular, may order that the offender be given the partners to ensure that he or she is satisfied with the compensation he or she may be entitled to.

3. Save common money

Cessation of the text of articles 718 and 719 S. M.L. ' A it:

Each partner in Communism has the sole duty to carry out the work necessary to preserve common money, albeit without the consent of other partners, such as physical conservation (such as restoration and maintenance), legal acts such as (payment of taxes and litigation), and all partners bear, to the extent of their share, the expenses of managing and preserving common money.

4. Disposal of common money

According to the text of article 720 bis. M.L. ' c. Partners with at least 3/4 common money may decide to dispose of it by assisting them on solid grounds and making their decisions known to other partners under a non-judicial contract, and those who contradict it have the right of recourse to the Court within two months of the time of the announcement, and the Court has the discretion to see the validity of such conduct.

5 - The partner acted in a quota other than detached any common

By article 721 bis. M.L. ' c. A partner in Communism may recover before dividing the common share sold by another partner to an alien, within 01 months and replace the buyer based on the permit of his wish.

6. Division

The division is one of the reasons for the end of the state of Communism,

By the text of article 722 bis. M.L. ' c. Every partner in Communism has the right to claim the division of common money, Unless it is obliged to remain under a provision or agreement in the case of communism Tie to have this stay for up to five years, It is imperative to give an example of compulsory communism that peasant land should not be divided to less than the legally permitted area by Decree No. 490/97 of 1997/12/20, c. No. 84.

6-1 - Friendly Division, Convention, or Consent

- Suspension of the text of article 723 bis. M.L. ' A, where partners are unanimously able to share common money in the manner they see, and if they are incapacitated, they must take into account, for example, procedures imposed by law, such as a minor's permission, by article 88 BC. a. " c Paragraph 01.

- The division of the Convention is done by going to the notary and their groups by dividing the quotas in the manner they see, whether by agreement or by lottery.

The division of the Convention is also a contract to which the provisions of other contracts apply.

6-2. Judicial division

Judicial division dealt with in articles 724 to 728 bis. M.L. ' C, we have identified various procedures to apply this kind of division.

Procedures:

- If the partners disagree on the division of common money, the person who wants to leave the communion must sue the other partners before the court;

- The court appoints an expert to evaluate the common money and divides it with quotas if the money is open to division in kind, without causing it a significant undervaluation;

- The expert shall be based on the smallest share,

The Court shall adjudicate disputes, in particular about the composition of quotas,

- The division shall then be conducted by ballot Tirage au sort, which the Court shall confirm in a record, and the Court shall rule that each partner shall be given his or her share.

- If it is not possible to divide in kind or would have caused a significant undervaluation of the money to be divided, this money shall be auctioned in the manner specified in the Code of Civil and Administrative Procedure, and the bidding shall be limited to the partners alone if they unanimously demand it;

- Each partner's creditors have the right to oppose in kind or auction without interference.

6-3 - Division Prepared

The Le partage provisional division, which is not a property division of common money and does not end with the state of communism, is just a method of utilizing common money.

- The preparation is of two kinds:

time-ready and spatial,

- Time-bound

This is the division in which partners agree to alternate the utilization of common funds, with partners agreeing to alternate the utilization of common funds for a certain period commensurate with each partner's share.

- spatially prepared

In which partners agree that each of them shall have the benefit of a segregated portion, equal to its share of common money, waiving to its partners the benefit of the rest of the other parts,

However, such an agreement shall not exceed a maximum of 05 years or one year renewable.

If there is a spatial structure, which results in a renewal by agreement or a renewal year after year, the period of 15 years shall be turned into a final division if the partners so agree, an experience that has reassured the partners of its results, and article 736 bis. M.L. ' c May be ordered by the Court, and also article 737 S. M.L. ' C it is not for partners in common money to ask for its division if it appears that the purpose for which this money was prepared, that it must always remain in the case of communism.

Effects of division

The materials were set for us from 730 to 732 BC. M.L. ' C, a combination of effects:

- The participant is considered to be the owner of the share that has come to him since he became the owner of Communism, and has never been the owner of the rest of the quotas;

- The participants shall guarantee each other's exposure or entitlement;

- The consensual division may be reversed if one of the participants proves that he was entitled to more than one-fifth of the allowance, on the understanding that at the time of the apportionment the value of the apportionment, the case must be brought within the year following the apportionment, and the plaintiff must supplement the plaintiff's shortfall in cash or kind from his quota.

About Professor Bakel M., documented in the jurisdiction of a court.... ", Judicial Council.….