Joint ownership is a situation where more than one person exercises ownership of a single thing<\/strong>. There are several types of co-ownership in our legal system, however, in this article we will introduce more in detail co-ownership, specifically ideal co-ownership<\/strong>. Ideal co-ownership means that several co-owners share in the exercise of the rights and obligations arising from co-ownership according to the size of their shares. The share thus expresses the degree of participation of each co-owner in the formation of the common will and in the rights and obligations arising from the co-ownership of the property. The co-owners shall outwardly regard themselves as a single person and deal with the thing as a single person. <\/p>\n\n The essence of ideal co-ownership is (as already mentioned above) that although the size of the share determines the degree of participation of each co-owner in the whole thing, it is not possible to define a specific part of the thing that belongs to a particular co-owner<\/strong>. An example is agricultural land owned jointly by several persons, where it is not possible to determine which part of the land will be cultivated by which co-owner – simply put, each of the co-owners has the right to plant crops on the whole<\/strong> or any part of<\/strong> the land<\/strong>, the decisive factor being whether the co-owners agree on the size of their respective shares. <\/p>\n\n It is necessary to distinguish between ownership rights to a share and co-ownership rights to a thing. In practice, this is often not distinguished by co-owners and creates practical problems. In relation to the ownership of a share, it is therefore important to understand that each co-owner is the full owner of his share<\/strong>, which means that the owner can dispose of his share<\/strong> according to his will – he can sell it, include it in an inheritance, encumber it or claim its legal protection, all without having to interact with the other co-owners. However, such disposal must not be to the detriment of the rights of the other co-owners<\/strong>. <\/p>\n\n With respect to the thing as a whole <\/strong>, the co-owners are considered as a single person and dispose of the thing in the same way. Each co-owner has a right to the whole thing, but this right is limited by the equal right of each other co-owner. The specific rights and obligations of the co-owners of the thing include the right to keep, use and enjoy the thing (to take the fruits and benefits of it) and to dispose of it freely, even the right to destroy the thing (provided that the other co-owners agree), the right to participate in decisions about the common thing or the right to demand an account of the management of the common thing. <\/p>\n\n The size of the share of each co-owner results from the legal fact on which the co-ownership or the participation of the co-owner in the co-ownership is based. In the absence of a determination to the contrary, it is presumed under the statutory setting that the co-ownership shares are equal. <\/p>\n\n The co-owners may also agree on the size of the shares otherwise, the agreement being subject to the rules laid down for the transfer of shares. Typical legal events that give rise to co-ownership are the death of the testator (by confirmation of inheritance), an agreement to establish co-ownership, a contract for the joint purchase of an object or the joint execution of a work (for example, the execution of a building). <\/p>\n\n Especially in the first of the above-mentioned cases, considerable problems arise in practice when trying to dispose of this common immovable property, as it is typically a situation where co-ownership has arisen without the will of the individual co-owners (especially by inheritance) and agreement is often difficult, or often the co-owners are not even interested in any agreement. For this reason, the law contains certain exceptional rules establishing a statutory pre-emptive right of co-owners to a share that one of the co-owners decides to alienate, namely: <\/p>\n\n If the co-ownership has been established by acquisition on death or by another legal event in which the co-owners could not influence their rights and obligations from the outset, and a co-owner transfers his share, the other co-owners have a pre-emptive right<\/strong> to the share for a period of six months from the date of establishment of the co-ownership<\/strong>. This right of pre-emption shall not apply where a co-owner transfers the share to another co-owner, spouse, sibling or direct relative. The purpose of this institute is to preserve the testator’s intention to leave the property in joint ownership to the heirs in the first place in such cases. If the co-owners do not agree on how to exercise the pre-emption right, they have the right to redeem the share in proportion to the size of the shares. <\/p>\n\n The right of pre-emption also applies if the share is transferred free of charge; then the co-owners have the right to buy the share at the normal price.<\/p>\n\n The second situation is where a share in an agricultural holding<\/strong> is transferred if the co-ownership was created by acquisition on death or by another legal fact such that the co-owners could not influence their rights and obligations from the outset. The other co-owners thus have a pre-emptive right to the share and, where applicable, to the inheritance share. If the co-owners or co-heirs do not agree on how to exercise the pre-emption right, they are again entitled to redeem the share in proportion to the size of the shares. However, unlike the previous situation, in this case the pre-emption right is not limited in time<\/strong>. <\/p>\n\n Co-ownership brings specific challenges related to the rights and obligations of each co-owner, which must be carefully considered and respected. Knowledge of the basic rules and information associated with co-ownership is essential for the effective management and disposal of the common property. In the following sections of this topic, we will look in more detail at issues relating to the management of the common property, methods of settling co-ownership and residential co-ownership, as these are the areas with which clients most frequently contact us. <\/p>\n\n This article is for informational purposes only and does not constitute legal advice or guidance for any particular case.<\/p>\n\n If you would like more information in this regard, please do not hesitate to contact us.<\/p>\n","protected":false},"excerpt":{"rendered":" Basic questions on co-ownership Joint ownership is a situation where more than one person exercises ownership of a single thing. There are several types of co-ownership in our legal system, however, in this article we will introduce more in detail co-ownership, specifically ideal co-ownership. Ideal co-ownership means that several co-owners share in the exercise of […]<\/p>\n","protected":false},"author":1,"featured_media":5563,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","inline_featured_image":false,"footnotes":""},"categories":[320,322],"tags":[442,347,439,443,440,441],"class_list":["post-5744","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-articles","category-real-estate","tag-co-ownership","tag-law","tag-share","tag-things","tag-together","tag-together-en"],"yoast_head":"\nRights and obligations of co-owners<\/h5>\n\n
Share size<\/h5>\n\n
Specific rules on pre-emption rights<\/h5>\n\n
(a) Right of pre-emption after the creation of the co-ownership established by the acquisition in the event of death<\/h6>\n\n
(b) Joint ownership of an agricultural holding<\/h6>\n\n
Conclusion<\/h5>\n\n