Sunday, October 19, 2008

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The credit of the building to condominiums and usufructuary


The title of the credit institution's management to act is the resolution adopted by shareholders approval of the apportionment of costs (Cass. Civ., sect. II, 9 dic.05, n.27292). The formal validity of this Order does not affect the livelihood of law.
The most immediate demand is to drive the action to obtain the court order which allows provisional enforceability, after having received notification of the debtor, the registration of mortgages on property dell'ingiunto Judicial and specifically the 'building unit from which the debt arises.

Wednesday, October 15, 2008

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OWNER: Who pay the costs of building

The relationship between landlord and tenant has an effect on burden-sharing condominiums.
The nature of the relationship of tenancy-in-chief sets the usufructuary the ownership of a right erga omnes , Then valid against not only the owner but also of third parties, with its consequent effects both substantive and formal. (This is unlike the relationship between landlord and tenant in lease agreements.).
The usufructuary is entitled to vote and stand all reports related to the use of the property, the obligation to pay Monthly charges: he is bound directly and atonoma.
According to this ratio was expressed to the court of cassation sect. II Sent. 28/08/2008 n.21774 the ruling that the condominium condominium lender charges for the ordinary should be used for injunction against the usufructuary and the bare owner.