Settlement of shared and joint co-ownership in Slovakia by court decision with special regard to legal and judicial criteria

Abstract

We deal with the issue of settlement of joint ownership by the court with special regard to the method of settlement, when the court orders the case to one or some of the joint owners. We try to draw attention to the individual criteria and to the fact that the judicial practice in their application is not uniform, which does not contribute to the legal certainty of the parties. Legal certainty should be influenced by certain options that could affect a case that could affect a judge who might have before him, which could affect the judiciary and prevent surprising decisions.