Pravo na razvrgnuće suvlasničke zajednice i njegova ograničenja
The Right to Partition a Co-ownership (Co-tenancy) and Its Limitations

Summary/Abstract: This paper examines the institute of dissolution of co-ownership, with particular emphasis on the legal nature of the right to seek dissolution and the limitations on its exercise. Starting from the understanding of co-ownership as a proprietary and interest-based relationship of a temporary nature, the paper analyses the right of a co-owner to request the dissolution of the co-ownership relationship, as well as the issue of its legal qualification in legal theory. Special attention is devoted to the analysis of situations in which dissolution is either impossible or impermissible, with a distinction drawn between normative limitations and factual obstacles to the implementation of dissolution. In this context, the paper examines cases in which dissolution is excluded due to imperative legal norms or the nature of the property, as well as issues arising in the dissolution of co-ownership over real property burdened by illegally constructed buildings and in situations involving unregistered co-ownership rights. A separate part of the paper addresses dissolution at an inopportune time, the protection of third-party rights, and the prohibition of abuse of rights, with reference to relevant case law and comparative legal solutions. Finally, the paper considers the possibility of waiving the right to dissolution, with particular emphasis on the statutory limitations of such a waiver.

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