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The Law Of Some Of The Yhteisomistussuhteista

Original Language Title: Laki eräistä yhteisomistussuhteista

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Law on certain co-ownership

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In accordance with the decision of the Parliament:

ARTICLE 1

When two or more owners jointly own the property, the movable object or other goods, the question shall be respected as to what is laid down in this Act.

The provisions of this law shall also apply mutatis mutandis where, in the case of shares, cooperative certificates, bonds or other securities, the right to a securities shall be shared between two or more.

The legal relationships between the spouses and the undistributed estate, as well as the company's shareholders, as well as the joint mine and the management company and the investment fund shall comply with the specific provisions. Without prejudice to the provisions of this law, the legal relationship between the shareholders of a non-regulated entity must be considered as agreed between the shareholders and the other legislation on the common property separately: Provided. (85.1987/485)

ARTICLE 2

Each joint owner shall be deemed to have a qualifying holding on a common item. The shares are, if not otherwise, equal.

The rights and obligations of the joint owner against the common object and its yield shall be determined in accordance with their respective units. When an object has been released for consideration or exchanged, each of the joint owners shall be subject to the part corresponding to his share of the supply or in the exchange obtained in exchange.

ARTICLE 3

The joint owner shall have the right, without consulting the co-owners, to dispose of his or her share and, in any case, to dispose of it, as well as to use the common object in such a way that his measures do not infringe the interests of other co-owners. Similar interests and rights.

§ 4

The legal action or measure relating to the object as a whole shall not be taken unless all the co-owners consent or the right to do so in the cases referred to in this Act is authorised. However, when the measure is necessary for the preservation, security or detention of an article, and does not tolerate delay, neither the resistance nor the absence of the co-owner prevents the other co-owner from entering into it.

In cases other than those referred to in paragraph 1, there are also joint owners of power to pursue an action in the case of a common object, even though the consent of other co-owners has not been obtained. However, may the other co-owners be interviewed for consultation. So what is to be won, for the common good, and is obliged, up to the value of the common owner, to take part in the costs incurred by the proceedings.

§ 5

Where there is a need for the management or maintenance of a common item, the disclosure of a part of the property, the establishment of a lien or a right of pleasure or a liability or any other measure which may have a material effect on the rights of the co-owner, And the consent of all co-owners has not been obtained, may, on the request of the joint owner, where there are no compelling reasons, authorise the measure to be authorised. Before a decision is taken, the joint owners should be given an opportunity to express their views on the matter.

ARTICLE 6

The co-owner has the power to apply for a man entrusted with the task of managing a common object and its administration for the common good of the owners. Before a decision is taken, the court should reserve the opportunity to express its opinion to those co-owners who have not joined the application. If the court considers that there are valid grounds for consent to the application, the time limit for the trustee or for the time being to be taken care of.

When, upon application, it is determined that the co-owners are in agreement on the setting up of the trustee and the person to whom it is to be assigned, the judge may give the order referred to in paragraph 1.

§ 7

The court may lay down guidelines which, according to circumstances, are deemed necessary in each case. If the co-owners are in agreement, the Judge shall have the same power when he gives the order referred to in Article 6 (2). Unless otherwise specified in the instructions, the trustee shall conclude an agreement on the transfer of the usufruct of the common article. However, without distinction, he shall not enter into such an agreement for longer than his or her term of office, or when he has been appointed for the time being, for a maximum period of five years.

§ 8

If, in the case of a specific case, the co-owners are not otherwise determined by the instructions set out in the instructions given to the man or the entrusted man, it is for the trustee to comment and to reply on behalf of the co-owners and to represent them at the authority and In matters relating to the common article.

The summons, the order of the authority or any other notification shall be deemed to have been brought to the attention of the co-owners when they are served on the lawful order of the trustee.

§ 9

The joint owner shall have the right to receive his share of the common item by dividing it. The following shall apply mutatis mutandis: Chapter 12, Section 4, of the succession -is provided for.

If it is not possible to share an item or cause a disproportionate cost or a significant reduction in the value of the article, the right of the co-owner and the other co-owners shall be empowered by the right of the co-owner. For the purpose of determining the item to be sold for the purposes of the dissolution of the partnership.

Perinicarar 5/1734 Has been repealed by L 41/1965 , see Perinicarar 40/1965 23 Articles 3, 7 and 8.

ARTICLE 10

In its decision on the sale of goods, the right must determine how the sale must be delivered. The object shall be ordered to be sold by auction unless otherwise agreed by the co-owners and unless it is demonstrated that it would appear to be more favourable to trade. Where the sale of an article to a third person is not authorised, sales shall be made between the co-owners.

The court or tribunal may, at the request of the co-owner, fix the lowest price to be sold. If the matter concerns the sale of the property and one of the co-owners is under-degraded, the court shall impose the lowest selling price without requiring it. This type of sale does not need to be separately acquired by the guardian of the (442/1999) Article 34 Shall be authorised. (11.4.1999)

Paragraph 2, as provided for in paragraph 2, shall also apply to the co-owner if he has been assigned a trustee whose task is to determine the property. (11.4.1999)

ARTICLE 11 (7.5.1997/422)

For the sale of the goods and the distribution of the purchase price, the right shall, where appropriate, be determined by the trustee. Where an object has been ordered to be sold by auction, it shall be for the trustee, after consultation with the co-owners, to lay down the terms and conditions of the sale, in so far as the court has not done so, to publicly announce the delivery of the auction and to supply or deliver the auction. The auction. The trustee will sign the deed, when will be drawn up.

ARTICLE 12

The sale of the object shall be carried out without delay, after the decision on the sale of the goods has been obtained by the law. If the object has not been sold within one year from the date of issue of the sale order or, where the decision on it has been appealed, including a final decision, the order has been deemed to have lapsed.

It should not be pointed out that, in respect of the decision on the sale of the trustee, an appeal has been made for a change in the name of the person concerned from the sale of the article.

ARTICLE 13

The person referred to in Articles 6 and 11 shall have the right to provide the person who consents to the task and who is deemed to be able to do so. A co-owner can be ordered to be a true man.

The trustee shall apply what is laid down in Chapter 18 of the Trade Guards' liability, accountability, remuneration and expenses.

The costs incurred as a result of the administration of the trustee or the sale of the object shall be borne by all the co-owners, each of them.

ARTICLE 14

If a trusted man wants to give up his mission and seems to have a valid reason, let him be released from it.

If the court finds that a trustee is not fit for purpose, he shall be released from it when the co-owner makes an application. If a court becomes aware of the facts on which a trustee is to be regarded as unfit for his duties, he may, on his own initiative, free him from it. The trustee shall not be relieved of his duties until such time as he has been given the opportunity to be heard, provided that this without considerable harm can happen.

§ 15

A decision which has been adopted by a judge pursuant to Article 6 (2) is not authorised to appeal. Pursuant to Articles 5, 6, 7, 9, 10, 11 and 14, the decision may be appealed against. A decision on the sale of a non-common article may immediately be implemented, unless the enforcement makes the appeal invalid or the court has otherwise ordered it.

ARTICLE 16 (13/02/138)

Article 16 has been repealed by L 13.3.2008 .

§ 17

This Act shall enter into force on 1 July 1958.

Entry into force and application of amending acts:

8 MAY 1987 TO 485:

This Act shall enter into force on 1 September 1987.

HE 238/86, banker miet. 5/86, SuVM 271/86

7 MAY 1997/422:

This Act shall enter into force on 1 July 1997.

THEY 259/1996 TaVM 4/1997, EV 9/1997

1.4.1999/453:

This Act shall enter into force on 1 December 1999.

THEY 146/1998 , LaVM 20/1998, EV 234/1998

13.03.2009/138:

This Act shall enter into force on 1 September 2009.

The provisions in force before the entry into force of the Act prior to the entry into force of the Act shall apply.

THEY 70/2008 , LaVM 16/2008, EV 5/2009