Removing the Commonality through the Disposal of the Majority of the Partners in the Entire Property within the Framework of the Jordanian Real Estate Ownership Law of 2019: A Critical Analytical Study

Abstract

The new Real Estate Ownership Law No. (13) of 2019 introduced a new way to eliminate commonality in commonly owned properties, by granting partners who own at least three-quarters of the shares the right to dispose of the entire property, according to certain conditions. The study used the descriptive-analytical-comparative approach by clarifying the conditions that must be met so that the majority of partners can dispose of the entire property owned in common, and to shed light on the areas of criticism that this method used to eliminate commonality with the aim of providing appropriate solutions to rectify these deficiencies, especially by benefiting from the experiences of Arab legislation that adopted an approach similar to that of the Jordanian legislator in this context. The study found that there are strange and illogical legislative distortions in the provisions of this law, such as the legislator's requirement of unanimity to dispose of the entire movable, while he required the consent of the partners who own three-quarters of the shares to dispose of the entire property! Moreover, the legislator subjected the actions of the majority in the framework of unusual management actions to judicial control; unlike the legal actions in the entire property, which he subjected to formal judicial control.