Opis: | Binding legal subjects into legal relations with the establishment of mutual rights and obligations in concrete social relationships can be interpreted as one of the key functions of the law. Functional arrangement of the concrete legal institute gives (legal) subjects justification for effective assertion of interests, rights and fulfilment of obligations and other acts. It is essential that these acts be clear and unambiguously foreseeable in light of legal consequences.
In Slovene legal order, rights in rem are exhaustively listed and the subject of property may only be a property with the capacity of a property. The principle of speciality states that the subject of rights in rem may only be an individually determined independent property, which the law explicitly categorises into movable and immovable property. Immovable property (in this part more consistently referred to as real estate) is a spatially measured part of land, with all parts thereof. In line with the principle of binding the land and the building (i.e. superficies solo cedit), everything that is by purpose permanently joined or permanently on, above or under the real estate represents part of the real estate, unless otherwise stated by law. However, these principles are not absolute and allow exceptions (also) with respect to commonhold.
In Slovene legal order, the term commonhold is strictly interpreted as a special form of joint real estate ownership. In commonhold discussions, the fundamental premise must be used, i.e. Article 105 of the Slovene Law of Property Code. Commonhold de facto expands the manifestation of real estate that allows individual parts of the building in legal transactions to be considered as individual properties, taking into consideration the ownership right of an individual part of the building as an individual property, with joint ownership of joint parts. This in fact means that the individual part of the building becomes independent from the land and may, as an individual property, in turn become the subject of property (and other rights). Transformation of the ownership right into commonhold represents the granting of a special disposal option to the owner of the land, on which the building is situated. Technically, this enables an objective division into individual and joint parts. Even though the establishment of commonhold represents the option of physically dividing the building, it is still a legal act carried out by, for example, the owner or co-owner of such land on the basis of an agreement that can be superseded by court decision ruling the division of concrete land. Commonhold is not established automatically by the fact that the building consists of multiple individually functioning units. |
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