التنظيم القانوني لضمان الاستحقاق في القسمة العينية للمال الشائع

الملخص EN

The legal organization to ensure the merit in the rights in rem of the common money: The origin in the ownership is to be proved for somebody, and this is the sorted ownership, but the ownership may be proved for more than one person regarding the same property then it is said that it is common property, and the latter is considered an important subject that was addressed by the Jurists and the law men, it was organized in all the legislations and its provisions, even though some of them didn't meet all these provisions as in the Iraqi legislation, that requires reviewing the provisions and general rules in the law to address this legislative shortage, and also the common ownership has taken wide attention in the judicial field, and many addressed it and judicial provisions were issued for it that indicated its status and the difficulty of its provisions because it often leads to problems between the common owners (partners), and one aspect of the common ownership subjects is dividing the money as a right in rem that created other issues that the legislators intervened to organize its provisions, but the researcher of the provisions of civil legislations has in mind aspects that was not completed in legislation regarding some issues that accompanies conducting the rights in rem division such as the merit and this is a topic the researchers deem important to address in the research.

To specify the required assurance in the rights in rem division of the common money we shall divide this research into two topics: in the first topic we address the assurance and its conditions in two ranches, in the second topic we shall address the assurance provisions in two branches also.