المهايأة في الطبقات و الشقق في التشريع الفلسطيني : تأجير الشريك المتهايئ ؟ لحصته الشائعة

الملخص EN

This research deals with the usufructuary division related to the floors and apartments registered according to the Palestinian Law on Owning Floors, Apartments and Stores No.

1 of the year 1966.

This research included the different types of usufructuary divisions and their applicability on floors and apartments in light of their special characters and new developments.

The paper also discusses the legal position of partners in this type of division and the role of judiciary in enforcing this usufructuary division taking into consideration its legality, the status of partners and other elements considered by the court when dealing with this type of division.

The study also includes discussion on different means, which could lead to usufructuary division, in addition to its requirements and provisions.

It throws light on the case of renting floors and apartments during usufructuary division and its legal consequences on lease agreements, whether the subject matter of the lease agreement is governed by the applicable Law on Owners and Tenants applicable in Palestine or otherwise, by provision of The Majallah applicable in the West Bank, which is perceived as the de facto Palestinian Civil Law.