نوع مقاله : پژوهشی
نویسندگان
1 دانشیار گروه حقوق خصوصی دانشکدگان فارابی دانشگاه تهران
2 دانش آموخته کارشناسی حقوق دانشکدگان فارابی دانشگاه تهران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
One of the problems of apartment complexes is facing the fear of its destruction. Due to the lack of a coherent legal sestem, it seems necessary to investigate this matter. In the assumption that there is a financial and life risk due to the wear and tear of the building, the capital majority can request from the court to prescribe the renewal of the building. Several problems in this matter are facing the majority, which should be investigated due to the silence and ambiguity of the law and the existing annoyance, suitable for the mechanism to support the majority . In the light of the method of logical interpretation and the rule of more important . The right of the majority in conflict with the minority, in cases such as, the right to a collective contract for reconstruction, request for renewal of the building, leaving the majority and rescission it, partnership with a third party, Implementation of necessary measures, increasing the building, preventing harmful actions of the minority and third parties, demanding expenses, quantum meruit and the price of the property used in the reconstruction process, the legal mortgage lien of the majority on the renovated unit for the claimant is based on the lien of the majority regarding the delivery of the renovated property has a background that due to the lack of legal expression and the lack of appropriate jurisprudence, more than seven cases have been proposed as a proposal to amend the law
کلیدواژهها [English]
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