A lawsuit for real division of a common property

Abstract

The in-kind division represents a legal action that entails rights and obligations for the partners in the common property, so this legal action requires the existence of a lawsuit through which this action can be carried out. Despite the importance of the lawsuit as a procedure that must be fulfilled, the French legislator, as well as all the other Egyptian legislators, did not know suit; Because the case, in the eyes of comparative legal jurisprudence, does not support legislative regulation There are no two opinions that disagree that common ownership has precedence over private ownership in emerging. Because the individual's possession of things in ancient times, although it satisfied his needs, this possession cannot be considered as ownership; Because ownership has a legal concept that not only allows the individual to benefit, but also provides him with legal protection towards others Whether common property appeared earlier than private property or vice versa, it is more likely to say that property has existed since the dawn of civilization and its manifestations were known and contemporary to the first humans.