Bindingness of the co-owners' agreement on the management of common immovable property for the legal successor of the co-owner of the immovable property - impetus for a change in case law
Abstract
The article deals with the binding effect of an agreement concluded between co-owners on the successor in title of one of the co-owners. The article highlights the solutions of the issue in German, Austrian, Swiss and Liechtenstein law, where these jurisdictions can serve as a source of inspiration for Czech law.
The existing Czech case law implies that the legal successor of a co-owner is always bound by the co-ownership agreement, regardless of whether he/she knew or should have known about the agreement. The article argues for a change in this case law in connection with the strengthened principle of material publicity of the land register in Czech law.
The article takes the view that the binding nature of the agreement of the co-owners on the management of the common immovable property for the legal successor of the co-owner depends on whether the agreement has been registered in the land register. By that registration, the agreement acquires substantive effects without itself becoming a right in rem.