Exclusion of Co-owner: Should Majority Obey to Minority?

1 Baku St. U. L.Rev. 67 (2015)
Article language: Azerbaijani.

Summary

Common property relations need deeper adjustment in accordance with the development of  property issues. Article 213 in Civil Code reflects two types of common property: co-ownership and joint ownership. In the case of co-ownership individuals have the right to proportion over the property to their shares, which make it necessary to create order for the protection of the interests of owners. Violation of order among the co-owners as a logical result leads to legal liability. Sometimes ordinary sanctions are not enough to solve the problem. When the owner so seriously violates his or her duties towards the other owners that continuation of co-ownership is unreasonable, it becomes necessary to include provisions about the exclusion of co-owner from co-ownership by court order to the legislation.

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