DEPARTMENT Continuing the text. CHAPTER III co-ownership in general.
9 .- General Ideas:
overtook as the ownership is a type of community and is usually defined by saying that "It is the right of ownership over the total of the same thing and each one of its parts have two or more people together. ". Luigi Ferrara
notes on the property, not only the fullest right that can be about one thing but is the most exclusive, and co-ownership comes to be also an exception to the absolutism of property rights, traditionally conceived. Thus, if the domain is unique it may seem that the partnership is eliminated in equal right and equal, however, the institution exists. The first theory behind the idea of \u200b\u200bownership is one that argues that the subject of co-ownership is commonplace, as the right of each of the investors is limited by coexistence of the rights of others, is a reciprocal limitation imposed by the very necessity of its contemperamento limited to the free one does not preclude the freedom of others and the various rights can coexist.
On the other hand, is the theory that the object of ownership is the proportion of ownership is explained here based on an abstraction, namely, the concept of quota. Each of the co-owners is on property owned common share.
The ownership then, whatever the position that we establish to justify it, is a type of community, but one that deals with property rights, as this is shared by two or more people, enjoying them the same law, like nature.
10. Legal basis of ownership.
applicable law, beyond the civil rules outlined generators and has not been uniform in its enactment or less merged into a single text, since its inception has evolved and undergone major changes.
The first law of ownership was Law number 6071, which was published in the Official Gazette on August 16 of year 1937, it was established that of the several floors of a building and the departments or units that were divided each floor, it is possible that these belonged to different owners.
This law is divided into four titles and subjects was general rights of unity and common property, common expenses, and the last title bodies with varying rules on the subject.
This law was incorporated into the general law of planning and construction of 1,953, which fixed the definitive text to Decree 880, 1963. Later
promulgating the decree-Law 458, April 1976.
Furthermore, the Decree Law 602 of August 05, 1974, authorized the Ministry of Housing and Urban Development to establish the final text of the Law Building and Construction, which was done through the promulgation of Decree-Law No. 458, this rule would lead then to the general law of planning and construction, the repealing Decree 880 concerning the law of flats as opposed to the new legal body.
Later, the law 18 101, January 1982, on urban land lease, modify the decree with force of law 458 in relation to the reassignment of housing. Meanwhile
Supreme Decree 695, issued on December 22, 1. 971, sets the rules for communities of co-owners of buildings. 16,391
Act created the Department of Housing and Urban Development, and content are functions of the Coordination Secretariat of the Ministry to regulate the communities of co-owners of buildings and determine how to calculate the expenses or common expenses for the administration.
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