24 Hrs
Source:
اليوم السابع
Sale of shared estate not invalid without division
The article discusses the ruling of the Court of Cassation regarding the validity of selling segregated shares from common property before the final partition is completed. The ruling confirms that a partner's sale of a segregated share from the common property is not invalid solely because the partition has not yet been finalized. The contracts are considered valid between the parties, and it is only necessary to execute and deliver the sold portion after the final partition is concluded. It also points out that purchasing a segregated part of the common property by one of the co-owners does not constitute usurpation of the property, as the buyer replaces the seller in their rights and ownership of the property. The right to segregate a share can be executed individually without the need for a final partition. The ruling emphasizes that the legitimacy and clarity of the evidence and facts are reasons for the stability of the judgment. It affirms that the contracts are valid, and their implementation depends on the results of the final partition.
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