الحماية القانونية لأموال القصر و عديم الأهلية و الغائب في القسمة الإتفاقية

Abstract EN

The conventional sharing of joint ownership propose many problems when its between the partners which are completely or partially incapable or when one of them is absent.

And that’s what hamper this operation and disable the enjoyment and it affects the rights of the others partners.

All legislation and the arabic foreign techniques civil stipulated on provisions that would avoid this blockage and facilitate the completion of the sharing.

Jurisprudence in comparative regimes also played a prominent role in introducing legislative amendment in order to ensure a balance between taken into account the rights of the incapable and the absent and protect their interests and between the requirements of non-disruption of the economic function of ownership and without prejudice to the right of partners to request sharing.