Dissolution and settlement of co-ownership of immovable property

Dissolution and settlement of co-ownership of immovable property Abstract The thesis aims to interpret and analyse the current legal regulation of the dissolution and settlement of co-ownership with application to immovable property in context of the relevant case law of the Supreme Court. The thesis focuses on the immovable property because the (generally regulated) institution of dissolution and settlement of co-ownership is used in practice mainly in relation to immovable property. Concerning legal grounds which can be applied by law when the co-ownership is being dissolved and settled, the attention is mainly paid to court decision. However, the second legal ground, the agreement on the dissolution and settlement of the co-ownership, which is (following the principle of autonomy of will) the preferred legal basis for the dissolution and settlement of the co-ownership, is not overlooked. Of the various ways of judicial settling the co-ownership, the thesis places the most significant emphasis on the actual division of the immovable property (into two or more separate parts). However, the other ways of judicial settling the co-ownership, namely the division of the immovable property into units, the transfer of the immovable property to one or several co-owners and the ordering of the sale of the immovable..