دعوى القسمة القضائية بين النظرية و التطبيق : دراسة مقارنة و معززة بالتطبيقات القضائية

الملخص EN

One thing may happen to be owned by more than one person, so that each of them has the right to a common symbolic share belong to thing in a group such as half, quarter or one sixth, for example.

And without allocating to each of them a material part of the property, in which case ownership would be a common property.

It is noted that the common law is the result of the multiplicity of right holders in kind is not limited to the right of ownership.

But can be achieved for other rights in kind if the partners did not meet on the division of satisfaction or whether they are locked and wanted some of them out of common.

Then they have no recourse but to resort to the Judical division, which begins its proceedings to bring the case of division to the rest of the partners before the competent court.

which is one of the important cases in which one partner is asked to end the state of communion by division if possible, otherwise selling if the things is indivisible and distribution of the allowance to partners, especially if we know that there is one court of first instance does not consider the case of Judicial division throughout the year because of the direct prejudice to people's money an d property.

In this study, we will address the issue of division of the Judiciary from the definition of liabilities and characteristics as well as put into practice.