The division of benefits and its role in managing common money in civil law A comparative study" "

Abstract

Common money raises a great problem in practical reality, because of its special nature, as the joint owner may remain only a nominal owner and not advance to the stage of actual owner, because of the rules of joint ownership due to the different viewpoints of the partners, the multiplicity of their desires and purposes, and the differences in their tendencies. One of the partners in something that no one else agrees to, and from here came the idea of intervening with a legal text that puts an end to this problem that may stand in the way of benefiting from common money, through the division of “adjustable” benefits, the provisions of which our Iraqi legislator has regulated in Articles (1078-1081) of The amended Iraqi Civil Law No. (40) of 1951, as the most common form among partners to get rid of the interference that this type of ownership may cause.