Kuwaiti Civil Code Provisions of the right of ownership Section I – scope of property rights
The project began with the provisions of a property right in the Civil Code with the text of Article (180), which stipulates the content of the right of ownership, set forth in Articles (810, 811) of it that (the owner of the thing can use it and exploit and act within the limits of the law, The ownership of the land shall include what is under it and above to the extent restricted in the enjoyment according to the customary, and that each owner to compel his neighbor to set limits for its property, for example, his right and be the expenses of renewal equally between them, and the owner may not have a property neighbor slots only to the extent prescribed by law. the
provisions of the right of ownership – section II property Common first: the provisions of common
Many of us may be common partners in one thing with others, due to inheritance, buying a stake in a house, or entering with a partner or other partners in the purchase of a property or property. The share of each accused, and the multiplicity of owners for one thing, any common would make the exploitation of this thing more contemptible than the uniqueness of the ownership of one person, as the views of owners differ in how to exploit, leading to difficulties may amount to the threat of disrupting the independence of the thing Communism, economically, is undesirable, but m However, the legislator mentioned a definition that is not limited to common property, but to all
forms of commonality.
The Civil Code has given the right to be a partner of the communist to request the division of common property unless it is obliged to communion by law or act and shall not be compelled to remain in communion to an asset exceeding five years. By filing a lawsuit before the court requesting the division of the common money with sorting and setting aside. In this case, it is differentiated between two things if the common money guarantees the division, if the common money does not accept division. The difference between the civil law between two cases in the end of the common situation, namely: If the common money accepts division, for example: died and left a house of 3 floors and leave 3 children, then the common money here accepts division and be given each of the children heirs number (1) role of the house The state of communism requires that each heir owns his property in the way that suits him.
The second caseIs that the common money does not represent division, such as: died and left one house consisting of one role and left three children ………. Any law that the division of common money (home) to 3 children harm him and devalue a great deal . He felt that the interest to be sold in the auction and divide the price between the heirs, and the participant may request the invalidation of the division which has been consensual as the right of them ……. more than five, and that within a year from the time of division and be filed a division claim by request expert secretion – but the ownership or estimate the price of common money
Third division , usage
The law gives all partners the right to agree on the division of the benefits of common money as an option, each of them to benefit from a sorted part for a period not exceeding five years, and ends with this period and if you do not agree on a period deemed divisible for one year extends his year, and all partners may agree on The apportionment of the benefits of common property is made possible by alternating the use of each of them for a period commensurate with its share. During the final apportionment, they may agree to apportion the common property between them until the final apportionment is made. What God has judged for what the law says To a civilian for dividing the common money due to their importance and plentiful.
