Понятие за съсобственост
Concept of Co-Ownership

Author(s): Ventsislav Stoyanov
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Court case
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: property law; right of ownership; co-ownership; co-possession; partition; relinquishment of rights
Summary/Abstract: The study focuses on a fundamental issue in property law – co-ownership. It is not intended to displace the scientific works on the subject that abound in our legal literature. The study is oriented towards a comprehensive analysis of the institution known in all legal systems. The issue is also of a considerable practical value, as the majority of civil panels in the district courts deal with issues of judicial partition [2]. Co-ownership is generally seen as a temporary phenomenon and the legislation creates a number of possibilities for its termination. The French Civil Code is particularly explicit in this respect, as it provides in Article 815 that no one may be obliged to remain in co-ownership. This optimistic notion does not happen so easily in reality. On the one hand, legislations create hypotheses of compulsory co-ownership, for example in condominiums, and partition proceedings are usually very lengthy. The essay does not pay attention to partition because many studies have been devoted to this issue. Rather, the presence of partition in the work is incidental. The clarification of the notion of co-ownership is central to the study. A number of legislative decisions in different countries are analyzed both in comparative and historical perspective. Particular attention is paid to the opinion on co-ownership of Acad. Lyuben Vassilev, which, although isolated, is of considerable interest. This is logical, because although the question of co-ownership is valid for many legal systems, it is the decisions of Bulgarian property law and our legal theory that are of significant importance. The methods of acquiring co-ownership are also examined, and here the focus is on the Bulgarian legal system. Necessary terminological remarks are also made to distinguish the concept of co-ownership from co-possession of property rights or other rights. Considerable case-law is also touched upon.

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