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The notion of Condominium is distinguished from the usual concept of property, for which the ownership is exclusive of a citizen.
The Condominium is given when the same thing belongs more than a bearer, fitting to each one of them (called joint owners or comunheiros) equal right on all and each one of the parts.
With regard to the Condominium, two conceptions if oppose: the Roman and Germanic. In the first one, she more than does not have in the Condominium a right of property, but right competitors, with incidence on ideal quotas, distinct of the thing object of the right. In the germanic right the “Condominium of together hands” was conceived, thus called because the joint owners can be compared the people who together put the hands on the same thing, admitting between itself a plural and simultaneous property of the object.
The Brazilian civil law admits that each joint owner is proprietor of all the thing, but with the limitation of the rights that fit to the too much joint owners, in order to distribute itself he enters all the economic use of the thing.
How much its origin, the Condominium can be: (1) conventional, when she results of the will of the parts, that, by means of contract, acquires or places a thing in common stops of it usufructing; or (2) incident, when it is given for other people's circumstance to the will of the comunheiros, as in the inheritances. Of the point of view of its necessity, he will be transitory, if it invigorates for time determined, or coactive, if, for the same nature of the thing, if it destines not to cease.
The joint owner has the following duties: to concur, in ratio its part, for the expenditures of conservation or division of the common thing, arcando, in the same reason, with the responsibility the one that it is subjects; not to modify the common thing, not to be with the assent of the companions; to abstain to give ownership, use or joy of the property the strangers, without the previous assent of excessively.
The Condominium for the division or venda of the common thing, in friendly or litigious process is extinguished. In the first case, the judge homologates the dividing plan established by the joint owners; in as, he decides the questions and doubts raised for the parts.
The case most frequent of Condominiums is what concerns buildings of apartments, where they coexist, simultaneously, regimes of the exclusive ownership and condominial. Although it is coactive Condominium, the bearer can vender, lease or yield its independent unit, together with the right of use of the common parts, without the consent of other joint owners.
To each unit he corresponds an ideal fraction of the land. The comhunheiros are obliged to concur for the common expenditures, in the ratio of the respective ideal quotas. The general meeting of the joint owners chooses a representative, the syndic, with being able definite in the law and the convention (instrument that the life of the Condominium regulates, applying itself it proprietors and lodgers).
Other modalities of Condominiums exist, as compáscuo, that it is the use in common of prairies, fields or lands for pasture in common of pertaining cattle the diverse proprietors.
Source: ©Encyclopaedia Britannica of Brazil Ltda Publications.