نوع مقاله : پژوهشی
نویسندگان
1 دانشیار، گروه حقوق خصوصی، دانشکدگان فارابی دانشگاه تهران، تهران، ایران.
2 دانشجوی کارشناسی ارشد رشتۀ حقوق نفت و گاز، دانشکدۀ حقوق، دانشگاه تهران، تهران، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
One of the challenges of living in apartment complexes is facing the risk of their deterioration. Due to the absence of a coherent legal regime for resolving disputes based on co-ownership, research in this area seems necessary. In circumstances where there is a financial or physical danger resulting from building dilapidation, pursuant to the general and ambiguous establishment of Article 13 of the Apartment Ownership Law, the majority can request court authorization for reconstruction by providing suitable housing for the minority. The majority faces numerous obstacles in this process, and due to the legislator's silence on many issues, legal ambiguity, and existing conflicts of rights, it is necessary to examine an appropriate mechanism for protecting the majority's right in the renovation process. In light of the logical interpretation method, as opposed to literal interpretation, by analyzing the nature of the majority's right and logical guarantees for its exercise, conflict resolution methods based on criteria such as prioritizing the more important, repelling the worse by the bad, preserving the livelihood system, and certain contextual evidence and extracting the criterion, it was determined that the majority's right, when in conflict with the minority, has grounds in various instances. These include: the right to a collective renovation contract, the request for rebuilding, withdrawal from the majority and its rescission (at least before it becomes detrimental), cooperation with a third party (contract with a developer), execution of necessary measures (obtaining permits, demolition, etc.) , building expansion, prevention of detrimental actions by the minority and third parties, claiming costs, fair compensation, and the price of assets consumed in the renovation process, the majority's legal (decretal) in rem lien on the renovated unit for debt recovery, and the majority's right of retention regarding the delivery of the renovated property. Due to the lack of legal stipulation and the absence of appropriate judicial precedent, more than seven items have been proposed as suggestions for legal reform.
کلیدواژهها [English]
)