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Miteigentum an Grundstücken und einfache Gesellschaft
Nicole Roth
2021
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Although there is agreement that a pro rata entitlement is permissible in the simple partnership, the necessary interaction of Art. 646 ff. ZGB on co-ownership law and Art. 530 ff. OR on the law of the simple partnership is dealt with only rudimentarily. This is the point at which the work picks up, in that the two institutes of co-ownership and simple partnership are examined individually as well as in relation to their coordination possibilities in the case of real estate. The fundamental discussion of the legal institutions of co-ownership and simple partnership yields further insights of practical relevance. Thus, the delimitation difficulties between co-ownership and joint ownership as a result of simple partnership are also presented, general indications for the structuring of an agreed co-ownership arrangement are provided, and the concerns raised in the doctrine regarding pro rata entitlement in simple partnership are discussed.
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Keywords
- co-ownership
- co-ownership of real property
- Joint ownership
- Law
- proportional entitlement in the simple partnership
- Real property
- simple partnership
Links
DOI: 10.38107/022Editions