سلطة التصرف في الأجزاء المشتركة

Abstract EN

The purpose of this study is to try to know the power to act in the common parts and to what extent does the owner abuse the use of the common parts? Apart from the speciel parts and in the case of doing so, what are the cases that the partner resorts to protect his right from the other partner.

To answer the question, we will be exposed to the power to act in the common parts.

In order to answer the question, we shall expose the power to act of the common parts in two requirements in the first, the legal conditions for the acting of the common parts, and in the second proceedings arising from the disposition, and we have concluded that the joint owner may benefit from the common parts according to the intended purpose without hindering the other partners and occupants except with the consent and unanimity of the other partners and the members of the general assembly, in case of violation the other partner shall have recourse to the judiciary through judicial proceedings.