Actio communi dividundo
In ancient Roman law, the actio communi dividundo was an action for division to dissolve joint property .
Fractional co-ownership ( Latin communio pro indiviso, condominium ) in ancient law was quota ownership based on ideal proportions. Independent of the other co-owners, everyone could dispose of his share, with a third party only acquiring this share. Anyone wishing to acquire sole ownership required the consent of all co-owners. If one of the co-owners refused to give his consent, the actio communi dividundo would need to be abolished .
The judge established the new ownership structure through a design judgment ( adiudicatio ). Things that could be shared without any loss of value were actually shared. If real division was not possible, someone was assigned the matter and undertook to pay compensation in cash. Alternatively, the thing was sold and the proceeds divided according to the quota (civil division).
The actio communi dividundo was important in connection with the dissolution of company assets or the division of mixed things . She gave the socii back the things they had brought in. Claims settlement under the law of obligations, however, took place via actio pro socio .
The dispute between the community of heirs was a special case . It was subject to the actio familiae erciscundae .
Individual evidence
- ↑ Heinrich Honsell : Roman Law, 5th edition. Springer, Zurich 2001, ISBN 3-540-42455-5 , p. 56.
- ↑ a b Herbert Hausmaninger , Walter Selb : Römisches Privatrecht , Böhlau, Vienna 1981 (9th edition 2001) (Böhlau-Studien-Bücher) ISBN 3-205-07171-9 , pp. 142, 256, 275.
