Division of common property

The joint partners, pursuant to Article 831 of the Kuwaiti Civil Code, may agree to divide the common property in the manner they see fit. According to this agreement, the commonality shall terminate and the share of each of the partners in kind in the common property shall be separated. This agreement may be explicit as it may be implicit in what is called the actual division If one of the partners disposes of a separate part of the common property equivalent to his share, then the rest of the partners follow it with similar behaviors that benefit from their agreement on the division in the manner in which they disposed, and the share of each of them is the separated part that he had previously spent on.

Division of common property by way of set aside or by way of liquidation

If the partners do not agree on the division of the common property, then any of them may resort to the court to request the division. Such a division is detrimental to the partners, as it is necessary to resort to the deduction method, so that each partner must have a separate part of the property or common funds equal to his share if the partners agree on that or if the division cannot be carried out on the basis of the smallest share.

But if the court finds that the common property cannot be divided in kind, or it finds that dividing it in kind would greatly decrease its value, the court must change from the in-kind division to division by way of liquidation by ruling that the property be sold by public auction in the manner set forth in the Law of Procedures for Forced Sale The result of this was that the division procedure between the partners by way of set aside is not resorted to unless it is possible to divide the common property in kind or the partners have agreed to set aside.

Division the proceeds of common property during the common

Article 819/1 of the Kuwaiti Civil Code stipulates that each partner has the right to use and exploit the common thing to the extent of his share and taking into account the rights of his partners. Arranged by other partners unless the right has been decided unanimously or by the majority of the partners in accordance with the law, and the text of the two articles was that the fruits that result from common property during the establishment of the joint venture is the right of all partners in proportion to the share of each of them, and the common partner has the right to return the proceeds of his share to the partners who They put a hand on what is more than their share, each according to his share in this increase.

The agreement of the partners to divide the common property prepared for the benefits

All partners in common, pursuant to the provisions of Articles 818, 843, and 845 of the Kuwaiti Civil Code, may agree on the division of the benefits of the common property set up, each of them benefiting from a separate part for a specific period.

The explanatory memorandum of the Kuwaiti Civil Law stated that the division of the facility, spatially or temporally, does not end the state of commonness, but rather regulates in a special way how to benefit from common property, and this leads to the fact that the division of the condition, no matter how long it lasts, does not lead to the partner’s ownership over the common part of the separated part that was specifically used according to it.

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