تصرف الشريك في حصة مفرزة من المال الشائع و تأصيل انتقال تلك الحصة إلى المتصرف إليه في القانون المدني الأردني

Abstract EN

Eveiy co-owner in common is the absolute owner of his share, hemay dispose of his share as he wills without permission of other co-owners, provided that he shall not inflict damage on the rights of other co-woners.

As well as he may dispose of his share except in the case of a mixed and common sale.

While in case of the disposition which relates to a specific part of the common property, and such part does not come within the share of the settler when a partition is made, the right of the acquirer is transferred to the part that has devolved on the settler as a result of the partition with effect from the moment of disposition.

The proplem of justification of obliging the acquirer with the part comes within the share of the settler.

Many theories have been established for such a problem, but the right one which we believe to justifies such transference is the theory of realistic solution which does not comply with the traditional legal conceptions.