Discussions on the possibility to apply the provisions of Article 657 of the Civil Code Cover Image
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Discuții cu privire la posibilitatea aplicării prevederilor art. 657 din Codul civil
Discussions on the possibility to apply the provisions of Article 657 of the Civil Code

Author(s): Cristian Jora, Ioan Ciochină-Barbu
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: joint ownership on forced quota-shares; multi-storey or multi-apartment buildings; destruction of the building; restoration of the common parts.

Summary/Abstract: By the provisions of Article 657 (2) of the Civil Code it is regulated the situation in which the destruction of a smaller part of a building takes place, destruction that does not affect the building as a whole nor in a proportion of no more than half of its value, in which situation the co-owners are bound to contribute to the restoration of the common parts proportionally to the quota-share of each of them. The law establishes the obligativity of those co-owners who either do not want or can not participate in the restoration, to assign the quota-shares of the right of forced joint ownership to the other co-owners, meaning that it establishes a modality of extinguishing the right of private property, which, in our opinion, is likely to give rise to some situations that are hard to accept.

  • Issue Year: 2018
  • Issue No: 01
  • Page Range: 12-24
  • Page Count: 13
  • Language: Romanian
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