Civilian Protection for Partners from The Partner’s Material Actions in Common Property, A Comparative Study

Abstract

The material actions carried out by a partner on the common property, such as building and planting without the permission of the partners, are considered a violation of the rights of the other partners with him in the common property, and these violations that occur due to the construction of new properties established by the partner require the provision of urgent civil protection, both procedural and civil, because there is a type of Integration between the two, and this integration, when achieved, undoubtedly provides sufficient guarantee for the rights of the partners and protection for them at the same time, given that the judiciary is an arena for justice and the realization of rights, and resorting to the judiciary is a right guaranteed to everyone with the aim of protecting a specific legal right or position, because these violations would cause disruption. Utilization of common property, because common ownership is complex property and partners’ shares overlap with each other. This overlap in shares and powers stands as an obstacle to the use and exploitation of common property, which prompts some partners to exploit and benefit from it by constructing buildings, facilities, and plants without obtaining the approval of the other partners. This Exclusivity in exploitation undoubtedly arouses the ire of partners, which requires urgent protection of the rights of partners from attacks that occur from their partner.