ESTABLISHMENT OF OWNERSHIP OF A SEPARATE PART OF REAL PROPERTY (CONDOMINIUM) AT THE REQUEST OF THE CO-OWNER WHO HAS THE APPROPRIATE CO-OWNERSHIP SHARE – SOME OPEN QUESTIONS
Although more than 19 years have passed since the introduction of the new concept of ownership of a separate part of real property (condominium) by the Ownership and Other Property Rights Act, there are numerous dilemmas in practice concerning its application, especially in regard to the establishme...
| Main Author: | |
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| Format: | Article |
| Language: | English |
| Published: |
Josip Juraj Strossmayer University of Osijek, Faculty of Law
2016-12-01
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| Series: | Pravni Vjesnik |
| Subjects: | |
| Online Access: | http://hrcak.srce.hr/ojs/index.php/pravni-vjesnik/article/view/4710 |
| _version_ | 1811220434271600640 |
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| author | Vicko Prančić |
| author_facet | Vicko Prančić |
| author_sort | Vicko Prančić |
| collection | DOAJ |
| description | Although more than 19 years have passed since the introduction of the new concept of ownership of a separate part of real property (condominium) by the Ownership and Other Property Rights Act, there are numerous dilemmas in practice concerning its application, especially in regard to the establishment of ownership of a separate part of real property (condominium). In fact, in judicial practice (and in Croatian legal doctrine) there are different points of view about the question whether it is possible to establish condominium at the request of the co-owner who has the appropriate co-ownership share even in case of lack of agreement between all co-owners. In this paper the author analyses the legal regulation of establishment of ownership of a separate part of real property (condominium) at the request of the co-owner who has the appropriate co-ownership share with reference to the normative solutions of the 1975 Austrian Condominium Act (Wohnungseigentumsgesetz), which has served as a model
for the regulation of condominium in the Republic of Croatia, and aims at giving answers to open controversial questions. |
| first_indexed | 2024-04-12T07:42:49Z |
| format | Article |
| id | doaj.art-fbcd4c6cf6b94737abbfdde417d5a844 |
| institution | Directory Open Access Journal |
| issn | 0352-5317 1849-0840 |
| language | English |
| last_indexed | 2024-04-12T07:42:49Z |
| publishDate | 2016-12-01 |
| publisher | Josip Juraj Strossmayer University of Osijek, Faculty of Law |
| record_format | Article |
| series | Pravni Vjesnik |
| spelling | doaj.art-fbcd4c6cf6b94737abbfdde417d5a8442022-12-22T03:41:47ZengJosip Juraj Strossmayer University of Osijek, Faculty of LawPravni Vjesnik0352-53171849-08402016-12-01323-4911082822ESTABLISHMENT OF OWNERSHIP OF A SEPARATE PART OF REAL PROPERTY (CONDOMINIUM) AT THE REQUEST OF THE CO-OWNER WHO HAS THE APPROPRIATE CO-OWNERSHIP SHARE – SOME OPEN QUESTIONSVicko Prančić0Županijski sud u Splitu, Gundulićeva 29a, 21000 SplitAlthough more than 19 years have passed since the introduction of the new concept of ownership of a separate part of real property (condominium) by the Ownership and Other Property Rights Act, there are numerous dilemmas in practice concerning its application, especially in regard to the establishment of ownership of a separate part of real property (condominium). In fact, in judicial practice (and in Croatian legal doctrine) there are different points of view about the question whether it is possible to establish condominium at the request of the co-owner who has the appropriate co-ownership share even in case of lack of agreement between all co-owners. In this paper the author analyses the legal regulation of establishment of ownership of a separate part of real property (condominium) at the request of the co-owner who has the appropriate co-ownership share with reference to the normative solutions of the 1975 Austrian Condominium Act (Wohnungseigentumsgesetz), which has served as a model for the regulation of condominium in the Republic of Croatia, and aims at giving answers to open controversial questions.http://hrcak.srce.hr/ojs/index.php/pravni-vjesnik/article/view/4710vlasništvo posebnoga dijela nekretnine, etažno vlasništvo, uspostava etažnog vlasništva, suglasnost suvlasnika |
| spellingShingle | Vicko Prančić ESTABLISHMENT OF OWNERSHIP OF A SEPARATE PART OF REAL PROPERTY (CONDOMINIUM) AT THE REQUEST OF THE CO-OWNER WHO HAS THE APPROPRIATE CO-OWNERSHIP SHARE – SOME OPEN QUESTIONS Pravni Vjesnik vlasništvo posebnoga dijela nekretnine, etažno vlasništvo, uspostava etažnog vlasništva, suglasnost suvlasnika |
| title | ESTABLISHMENT OF OWNERSHIP OF A SEPARATE PART OF REAL PROPERTY (CONDOMINIUM) AT THE REQUEST OF THE CO-OWNER WHO HAS THE APPROPRIATE CO-OWNERSHIP SHARE – SOME OPEN QUESTIONS |
| title_full | ESTABLISHMENT OF OWNERSHIP OF A SEPARATE PART OF REAL PROPERTY (CONDOMINIUM) AT THE REQUEST OF THE CO-OWNER WHO HAS THE APPROPRIATE CO-OWNERSHIP SHARE – SOME OPEN QUESTIONS |
| title_fullStr | ESTABLISHMENT OF OWNERSHIP OF A SEPARATE PART OF REAL PROPERTY (CONDOMINIUM) AT THE REQUEST OF THE CO-OWNER WHO HAS THE APPROPRIATE CO-OWNERSHIP SHARE – SOME OPEN QUESTIONS |
| title_full_unstemmed | ESTABLISHMENT OF OWNERSHIP OF A SEPARATE PART OF REAL PROPERTY (CONDOMINIUM) AT THE REQUEST OF THE CO-OWNER WHO HAS THE APPROPRIATE CO-OWNERSHIP SHARE – SOME OPEN QUESTIONS |
| title_short | ESTABLISHMENT OF OWNERSHIP OF A SEPARATE PART OF REAL PROPERTY (CONDOMINIUM) AT THE REQUEST OF THE CO-OWNER WHO HAS THE APPROPRIATE CO-OWNERSHIP SHARE – SOME OPEN QUESTIONS |
| title_sort | establishment of ownership of a separate part of real property condominium at the request of the co owner who has the appropriate co ownership share some open questions |
| topic | vlasništvo posebnoga dijela nekretnine, etažno vlasništvo, uspostava etažnog vlasništva, suglasnost suvlasnika |
| url | http://hrcak.srce.hr/ojs/index.php/pravni-vjesnik/article/view/4710 |
| work_keys_str_mv | AT vickoprancic establishmentofownershipofaseparatepartofrealpropertycondominiumattherequestofthecoownerwhohastheappropriatecoownershipsharesomeopenquestions |