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oapen-20.500.12657-50707
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oapen-20.500.12657-507072022-04-26T12:39:23Z Miteigentum an Grundstücken und einfache Gesellschaft Roth, Nicole Joint ownership; co-ownership; real property; co-ownership of real property; simple partnership; proportional entitlement in the simple partnership bic Book Industry Communication::L Law 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. 2021-10-05T14:05:00Z 2021-10-05T14:05:00Z 2021 book 9783907297223 https://library.oapen.org/handle/20.500.12657/50707 ger application/pdf Attribution 4.0 International oa_pdf-022-1632166179.pdf https://suigeneris-verlag.ch/ sui generis Verlag 10.38107/022 10.38107/022 e1c5bb0b-7471-4055-a88a-1542e5f2d4f6 9783907297223 176 Zurich open access
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OAPEN
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DSpace
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| language |
ger
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| description |
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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| title |
oa_pdf-022-1632166179.pdf
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| spellingShingle |
oa_pdf-022-1632166179.pdf
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| title_short |
oa_pdf-022-1632166179.pdf
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| title_full |
oa_pdf-022-1632166179.pdf
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| title_fullStr |
oa_pdf-022-1632166179.pdf
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| title_full_unstemmed |
oa_pdf-022-1632166179.pdf
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| title_sort |
oa_pdf-022-1632166179.pdf
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| publisher |
sui generis Verlag
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| publishDate |
2021
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| url |
https://suigeneris-verlag.ch/
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| _version_ |
1771297529234718720
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