Comparison between voluntary sharing and judicial sharing

Authors

  • Mădălina Chivu Ovidius University of Constanta, Romania - Faculty of Law and Administrative Sciences

Keywords:

voluntary partition, judicial partition, agreement of will, partition decision, co-ownership, embezzlement

Abstract

The sharing can be done either by conventional means or by court decision. Voluntary division can also be performed before the court, even if the judicial division procedure is initiated. The obligation of the court to insist before the parties to the proceedings to accept a voluntary division is an essential principle of the division procedure. In the case of voluntary division, the agreement of will can be transposed even in the procedure of judicial division, and this can be done up to a certain point. In the event that it is brought before the court, the ECRIS application ensures transparency in the act of justice by publishing the useful information to which the parties to the case have access. The specific way of terminating the co-ownership is the division by good will or by court decision and can be totally or partially, and after the completion of the division, each co-owner becomes the sole owner of the goods or, as the case may be, of the sums of money.

Published

2022-01-10

How to Cite

Chivu, M. (2022). Comparison between voluntary sharing and judicial sharing. Ars Aequi, 11(1). Retrieved from https://revista.drept-ovidius.ro/index.php/arsaequi/article/view/179

Issue

Section

Articles