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Co-ownership

What is Co-ownership (Communio) in Roman Law?

Quick Definition

Co-ownership in Roman law (communio) is a form of shared ownership where two or more people hold rights over the same property at the same time. Each co-owner owns an undivided share in the whole property rather than a separate physical portion. All co-owners have equal rights to use the property, subject to the rights of the others.

In Context

Communio often arises through inheritance, partnerships, or joint purchase of property. Because each person owns a share in the whole, disputes can occur where one co-owner uses or disposes of the property without consent from the others. Roman law allows co-owners to seek partition through the actio communi dividundo, which divides the property or settles the parties’ interests. In exam scenarios, questions commonly focus on the balance between shared rights and individual control, especially where one co-owner acts unilaterally.

See Also

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Explore our Roman Law Notes for deeper case law, examples, and revision tips.

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