Homework Question on Civil Law
- What are the rules that are applied for judicial partition?
- Paper has to be one page long,
- 50% of the paper is the references ,either from books or the web.
- I live in the Kingdom of Bahrain, therefore the laws and rules have to come from this Kingdoms regulations.
- We study from the Bahraini Civil Code only. You can find the code here;
Homework Answer on Civil Law
When co-owners of a property are no longer interested in co-ownership, the property can be partitioned. However, if one party is not willing to have the property partitioned, the other can initiate a legal action to compel partition (Gould & Education, 2006). Judicial Partition is a legal division of property either by selling the property and dividing the proceeds between co-owners or by delineating the physical boundaries.
In the Kingdom of Bahrain, the judicial partition process is guided by the law of the land (Judicial and Legal Studies Institute, 2011). Article 799 of the civil law of the Kingdom of Bahrain states that during judicial partition, each party is deemed as a presumed owner of the part of the co-ownership property that falls under him. The partition can be done based on an agreement between the co-owners in which case the property is divided in a manner that co-owners deem fit.
However, either party can rescind if it proves to have been injured by more than one-fifth of its total share based on the value of the property at partition time (Lea, 2008). Rescission should be initiated within the year following partition.Article 792 of the civil law of the Kingdom of Bahrain stipulates that a defendant can stop a judicial partition by giving a plaintiff money equivalent to his/her share in short either in kind or cash.