Die Gemeinschaft nach Bruchteilen (§§ 741-758 BGB)

Randolf Schnorr deals with the correct recognition of ownership in common as a joint legal jurisdiction, as a result of claims and competences and also with the restrictions pertaining to these among the partners. In doing so, he has worked out a model for common ownership which he illustrates by calling it the »relativization of real competences«. This is based on a new assessment of the historical principles of the institution and on the strict implementation of the private autonomy of the partners in the ownership in common. The results attained in this assessment concern the scope of the partners' obligation to take care of the common object and the admissibility of waiving a share.