The Satisfying Division in the Common Real Estate -Study of Comparison

This study is summarized on one of the most important cases of ending the common property which the common real estate division whereas the real estate at present is considered of the mongy of the high financial value, and it is considered a wide economic scope which man's power is measured on from the financial side, and this common property has come to form the practical problems among the proprietors of joinst tenancy that restrict the freedom of dealingin this common money and it of worth importance that the division of this common money must lead to keeping the utility in the part which every partner had been interested in after the division occurrane. I studied this thes is three chapters which the preliminary chapter is one the them. At the outset of my study to this thesis I dealt with a preface where I showed what is meant by the commoney money according to the concept of thie compared positive law and in the Fiqh of the journal. In a preliminary chapter, I studied that the division is a reason of the reasons of ending the joint tenancy. I studied it in two subjects. In the first subject I showed the concept of division its definition and its characterstics. I studied this subject is two demands. The first: the concept of the divison linguistically, idiomatically and law fully. In the second: the divios contract is a formal and satis fying contract. In the second subject, I studied the termswhich must be mentioned and available in the satisfying division contract, and they are four terms which I studied in four demands: unanimity is in the first, a ttendance is in the second aptitude. Is in the third and registration is in the fourth. In the first chapter I studied the satisfying division, its quiddity and cases on two subjects. The first is the quiddity of the satisfying division contract in the positive low and the Islamic Fiqh. I studied it in two demands. The first is the quiddity of the satisfying divison contract in the positive law. The second demand is the quiddity of the satisfying division contract in Fiqh. In the second demand I studied it on three demands. The first is the satisfying division with the presence or imperfect aptitude or the absent. The second is the satisfying divison with the presence of creditors of deservers of the partneis or without partners. The there is the options which the division contract gives to the partners. In the second chapter I studied the satisfying division: its procedures and its effects. I divided it into two subjects, the satisfying division I studied it in two demonds. The first is the satisfying division procedures and divided it into two demands. The first is the satisfying division in the real estate, and the second is the indivisible real estate and the effects of this. In the second subject I studied the effects of the satisfying division, and I studied it in two demands. The first is the lawfy effects of the satisfying division in the positive law. The sefond is the effects of the satisfying division in the Fiqh of the journal. Then, I came to the epilogue and submitted some recmendations.