المجلة الجزائرية للحقوق والعلوم السياسية
Volume 10, Numéro 2, Pages 1160-1173
2025-12-01
The Co-owner In Joint Ownership Between The Right Of Enjoyment And The Consequences Of Violations In Algerian Law. (an Analytical Study)
Authors : Chaabna Imen . Chirouf Nouha . Feciou Ismahane .
Abstract
Joint ownership is the result of real estate development housing in all its forms. It constitutes a form of mandatory co-ownership, where shared spaces are enjoyed, managed, and administered collectively without the possibility of individual owners transferring ownership rights. The objective of this research is to demonstrate that a co-owner’s right in joint ownership differs significantly from their right in exclusive ownership, despite their coexistence. Indeed, a co-owner’s rights over common areas; such as usage, exploitation, and disposal; are highly restricted by a set of obligations primarily based on the important basis of not causing harm to neighbouring co-owners. Violating these obligations can lead to personal tort liability as well as liability for the actions of others, animals, and objects. Consequently, the co-owner is obligated to compensate for the damage.
Keywords
Real Estate Development ; Joint Ownership ; Right ; Obligation ; Liability ; Arbitrariness
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