The Supreme Court recalled in its decision of May 6, 2021 (V CSKP 29/21) that the dissolution of joint ownership may take place through the division of a joint thing. „Acting on the” division of things „, – the provision of Art. 211 of the Civil Code it involves division in a physical sense, ie by creating two or more new things out of one existing so far. Thus, the division each time leads to the creation of a new legal good, which – in principle – after the abolition of joint ownership, is the subject of the exclusive right of one of the existing co-owners. Such a division should be made when it is not inconsistent with the provisions of the Act or with the socio-economic purpose of the thing, and does not result in a significant change of the thing or a significant reduction in its value. In such cases, the item may be granted, depending on the circumstances, to one of the co-owners with the obligation to repay the remaining ones, or sold pursuant to the provisions of the Code of Civil Procedure. (Article 212 § 2 of the Civil Code). „
If there is a division of things in the course of the inheritance case, it is permissible to issue a partial decision (Art.317 § 1 of the Code of Civil Procedure) by „assigning a given object or right to one of the heirs (cf. also Art. 1044 of the Civil Code) with the obligation to repay the remaining ones (Art. 212 in conjunction with Article 1035 of the Civil Code), when it decides as a whole as to the component covered by the division of the estate, settling it comprehensively between all heirs, as well as the division of joint property, in the scope covering some assets, provided that such a provision must contain complete resolution of the issue of awarding this component to one of the participants and final settlement on this account. „