Co-ownership shares in condominium – A comparative analysis for selected civil law jurisdictions
| Autor: | Hendrik Ploeger, Jenny Paulsson, Jesper M. Paasch, Abdullah Kara, Volkan Çağdaş |
|---|---|
| Přispěvatelé: | Faculty of Law, Kooijmans Institute, Public Contract Law |
| Jazyk: | angličtina |
| Rok vydání: | 2020 |
| Předmět: |
SDG 16 - Peace
media_common.quotation_subject Geography Planning and Development 0211 other engineering and technologies Accounting 02 engineering and technology Entitlement 010501 environmental sciences Management Monitoring Policy and Law 01 natural sciences Administration (probate law) Unit (housing) Voting Ownership fraction Co-ownership share 0105 earth and related environmental sciences Nature and Landscape Conservation media_common Relative value business.industry Share value Unit entitlement Condominium Participation quota SDG 16 - Peace Justice and Strong Institutions 021107 urban & regional planning Forestry Justice and Strong Institutions Allotment Property rights Civil law (legal system) business |
| Zdroj: | Çağdaş, V, Paasch, J M, Paulsson, J, Ploeger, H & Kara, A 2020, ' Co-ownership shares in condominium – A comparative analysis for selected civil law jurisdictions ', Land Use Policy, vol. 95, 104668, pp. 1-12 . https://doi.org/10.1016/j.landusepol.2020.104668 Çağdaş, V, Paasch, J M, Paulsson, J, Ploeger, H & Kara, A 2020, ' Co-ownership shares in condominium – A comparative analysis for selected civil law jurisdictions ', Land Use Policy, vol. 95, 104668 . https://doi.org/10.1016/j.landusepol.2020.104668 Land Use Policy, 95 Land Use Policy, 95:104668, 1-12. Elsevier Limited |
| ISSN: | 0264-8377 |
| DOI: | 10.1016/j.landusepol.2020.104668 |
| Popis: | Condominium is a special and relatively new type of property right emerged in the last century to be a remedy for the management problems in multi-unit buildings. There are many types of condominium regimes, as described in EUI (2005), UNECE (2005) and van der Merwe (2016). The common elements include: (a) Individual right to an apartment, (b) co-ownership (joint ownership) of the common property or the whole property, and (c) membership of an incorporated or unincorporated owners' association (van der Merwe, 2015, p. 5). The ownership shares in the common property are here referred to as co-ownership shares; yet, alternative terms include ownership fraction, condominium share, participation quota, share value, and unit entitlement. Generally, these shares will determine the proportional contribution to the common expenses and the share of common profits, as well as the voting power of each condominium unit owner in the administration of the condominium. The most common approaches to the determination of the co-ownership shares are based on equality, relative size or relative value of each condominium unit, or a combination of such (van der Merwe, 1994, p. 57–58). The literature presents detailed descriptions and comparative analysis related to condominium systems in different jurisdictions (e.g. van der Merwe, 2015; 2016; Paulsson, 2007; EUI, 2005; UNECE, 2005); however, the procedural aspects related to the allotment of co-ownership shares still need to be further investigated. This article aims to describe condominium systems in the Netherlands, Sweden and Turkey, and compare legal provisions and procedures related to the allotment of co-ownership shares in these jurisdictions. The main purpose is to clarify the methodologies behind the determination of the co-ownership shares in national systems to bring new insights to countries, which are trying to revise their national provisions. |
| Databáze: | OpenAIRE |
| Externí odkaz: |
|
Full Text from ScienceDirect