Do you have a house in co-ownership? Avoid overusing it!

14. 7. 2016

Resolution of the Supreme Court Ref. No. 28 Cdo 1602/2015 of 7 October 2015

In the above decision, the Supreme Court dealt with an action in which the plaintiff, as a co-owner of a property, demanded payment of unjust enrichment from the other co-owner of the property on the ground that the other co-owner, without the plaintiff’s consent, enabled the use of the common property to a third party. That means that the other co-owner overused the property.

Referring to its previous decisions, the Supreme Court concluded that if one of the co-owners, without the consent of the other co-owner, enables the use of the common property to any third party (without a valid decision of the co-owners adopted under the principle of majoritarianism or a court decision), the omitted co-owner is granted the right to be given unjust enrichment against the co-owner that overused its share in the property by enabling any third party to use such property, unless the overusing co-owner proves the existence of a contract which entitles such a co-owner to free use of the common building.

Therefore, use co-ownership cautiously, and carefully consider everything, including legal aspects.

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