إجراءات بيع الشريك في الشيوع لجزء مفرز من المال الشائع في التشريع الجزائري

الملخص EN

The commonality is a legal situation that results from the multiplicity of holders of the in-kind right, and by virtue of the legal nature of the commonality of the provisions of article 714 of the Algerian Civil Code, each partner has full ownership and can dispose of it in particular by selling either a common share of common money or a part thereof; All the money is common.

However, the sale of a part of the common part of the common money raises many difficulties, especially with the ence of legal texts governing this matter.

The second paragraph of the text of article 714 of the Algerian Civil Code deals only with the provision of the sale of a part of the common part of the common money after division.

Before division, the field was left open to jurists' jurisprudence, Which resulted in the difference of legal adaptations according to the knowledge or ignorance of the buyer the state of communion, but they agreed on the validity of the sale between the two parties, but not in force in the face of partners in the common and stay on the suspension of the division, because it is a violation of the rights of other partners.