Keywords : the removal of common property
The role of judicial division in the removal of common property (A comparative study)
Journal of college of Law for Legal and Political Sciences,
2019, Volume 8, Issue issue 30 part 1, Pages 241-263
The study came in two studies dealt with in the first section the types of judicial division in two cases dealt with in the first requirement division in kind, and in the second demand the division of liquidation.The second topic dealt with the legal effect of the judicial division in three demands that dealt with the first requirement, the revealing effect of the judicial division, and the second demand the carrier effect of the judicial division, and then dealt with the third requirement: - the dual effect (the moving effect and the disclosure of judicial division)The study concluded with a number of important results1.Judicial division is the best guarantee to end the state of common ownership in a fair manner, because it is under the supervision and supervision of the judiciary protects the rights and freedoms of individuals2.Judicial division is easy if we compare it with the consensual division because it allows the curqtor or guardian to appear on behalf of the partner in the event that the partner is absent or incompetent or deficient contrary to the consensual division that requires the presence of the same partner and does not allow the guardian or guardian to attend the duty Who is acting on their behalfAs for the recommendations, we mention:1-The necessity of continuing the heirs of the deceased in the case of the annulment of the division of those who are unjustly unjustified, because the law does not permit the heirs of the deceased in the case of the dissolution of the division of those who have a gross injustice and the researcher believes that this provides sufficient security for the heirs to obtain their rights2-The necessity of appointing specialized experts in the judicial division in the Magistrate's Courts. Their task is confined to all matters related to the judicial division, because of the importance of the role they play in contributing to the elimination of common property.