Bringing Justice Back In: Legislation and Case Law Evolution Concerning Partition by Court and Rule of Partition in Kind
Bringing Justice Back In: Legislation and Case Law Evolution Concerning Partition by Court and Rule of Partition in Kind

Summary/Abstract: This scientific approach will be compared in terms of the innovations brought by the new regulation regarding separation in nature relative to the old civil dispositions. Special procedure of judicial partition has generated, especially in the normative context imposed by the old Civil Code and Code of Civil Procedure, some solutions or different opinions, both in the courts and the doctrinal level. Considering these aspects, new codes regulations concerning partition, take a series of opinions and solutions, trying to simplify and clarify the procedure, for a uniform implementation of legislation and thus require a careful analysis of the impact and effects they have new regulations. Based on the concepts and theories developed in the case law and doctrine dedicated partition will formulate new concepts and theories applicable in national law. The new Civil Code regulates in detail the rules applicable to partition, putting a large extent, the views expressed in doctrine and the solutions adopted in judicial practice, but also states new principles complementing some of the newly introduced provisions in the matter of co-ownership. Analysis of the special procedure to partition in the new legislation, comparing special procedure with ordinary contentious procedure identifies novelty legislative solutions, determining the scope of these special procedures, analysis of relevant case law on the subject, developing proposals to improve the solutions of law, litigant and not only ease access to justice by providing models and applications specific to the special pleadings of partition, facilitating the access of justice seeker by providing models and applications specific to the special division procedure.

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