RAZVRGAVANjE SUVLASNIČKE ZAJEDNICE NA OSNOVU ACTIO COMMUNI DIVIDUNDO

Abstract

Each co-owner could at any time initiate the procedure for dividing things in purpose of dissolution of co-ownership community. This right was exercised by filing an actio communi dividundo, except when it comes to hereditary community, because the actio communi dividundo in its own formula had a part called "adiudicatio", which gave authority to the judge to divide things. The inviolability of rights on division was pointed out in the introduction of the paper, as a fundamental feature of the arrangement of relations between co-owners, as in classical Roman law, as well as in Justinian's law. After that, certain important aspects of the actio communi dividundo are processed, which are important to understand the procedure of dissolution of the co-ownership community. In this sense, the relationship beetwen the actio communi dividundo with the actio familiae erciscundae and the actio pro socio, was specially dealt with as well as the relationship between adiudicatio and condemnatio as essential parts of the formula communi dividundo. Also, the paper deals with ways of dividing things, with reference to authorization of the judge in the partition procedure.