Division of things

In accordance with the decision of the Supreme Court of May 6, 2021 (V CSKP 29/21), providing for the „division of things”, – the provision of Art. 211 CC it involves division in the physical sense, i.e. by creating two or more new things from one that already exists. Thus, the division each time leads to the creation of a new legal good, which – as a rule – after the abolition of co-ownership is the subject of the exclusive right of one of the existing co-owners. Such a division should be made when it does not conflict with the provisions of the Act or with the socio-economic purpose of the item and does not result in a significant change of the item or a significant reduction in its value. In such cases, the item may be awarded, depending on the circumstances, to one of the co-owners with the obligation to repay the others, or sold in accordance with the provisions of the Code of Civil Procedure. (Article 212 § 2 of the Civil Code).