About the Act on Ownership of Apartments or "Joint Ownership is the Invention of Devil"

Vol.2,No.4(1994)

Abstract
The Parliament CR passed the bill on ownership of apartments resuming the regulation on ownership of apartments in the Civil Code. The precept facilitates acquirement of ownership right to the apartment, respectively to the nonapartment space, when the acquirer became at tbe same time joint owner of the share of co­mmon parts of the house. The Act expresses the joint ownership conception of the dualistic theory of ownership of apartments. We can distinguish original and derivative acquiring manners. The Act concentrates especially on the original spe­cial ways of acquirement, namely from the owner of the building, and on the house building. The declaration of the owner of the building determining apartments and nonapartment spaces is the first precondition for acquirement. Entering into the contract comes aiter. Apartment and nonapartment space are not declared immo­vables, but legal relations to them obeys, if the Act does not determine differently, the regulations of appropriate precepts concerning immovables.

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7–17
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