Real estate division contract and the privacy of challenging it with unfairness
DOI:
https://doi.org/10.59791/efas.v10i1.1823Keywords:
Appeal, division contract, real estate commonality, unfairnessAbstract
The study dealt with the most important contract concluded in connection with real estate commonality, which is the division contract, and the most important issue that arises in connection with this contract is to challenge it with unfairness, in the light of the texts of the civil law and the legislative texts related to it and jurisprudential opinions, and the jurisprudence of the Supreme Court.
The study concluded that the contract for the division of real estate commonality is like all other contracts, subject to terms of satisfaction, formality, and the provisions of necessity and eligibility; It also concluded that it is a contract that differs from other contracts, given the special nature of its challenge, because it is a contract based on equality, while the rest of the contracts are based on speculation.
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