سلطة المالك على الشيوع في استعمال و استغالل المال الشائع في الشريعة و القانون : دراسة مقارنة

Abstract EN

Common ownership is a form of ownership and it has its own provisions, and it differs from separated ownership in that the partners have according to their shares of every atom of common money, and it is like the detached property where the owner enjoys all the royal powers in dispos-ing, using and exploiting, and the partner has the right to use his share in any way.

Types of usufruct, but his right ceases to the extent of not harming the rest of the partners, so he cannot benefit from his share when his use causes harm to the rest of the partners, and in the event that he disposes without the permission of the rest of the partners, he shall be subject to a remuneration for them.

It is common by agreement among themselves or by the court, and the majority is the majority of shares, not the majority of the partners, The decision of the majority is binding on the minority, and the minority has the right to appeal the decision of the majority before the court if the decision involves abuse of the right.

As for the unusual administration, the legislator stipulated the majority after obtaining the permission of the competent court for them to have the right to administer common money, and the legislator gave the minority the right to object On the decision of the majority of the court, and with regard to the work of preserving the common money, the legislator has given any partner the right to carry out the work of preserving it, and it is possible to use the common money by means of adapta-tion, whether )temporal or spatial(.

The provisions of the adaptation are subject to the provisions of the lease contract.