What does the legislation on community and condominium provide?
The speech by Corrado Sforza Fogliani, president of the Confedilizia Study Centre, on the juridical difference between communion and condominium
The institution of communion is governed by Title VII of the Third Book of the Civil Code. Chapter I (articles 1100-1116 of the civil code) deals with communion in general; Chapter II (articles 1117-1139 of the civil code) of the condominium in the buildings.
By communion we mean that particular situation in which the property or other real right (therefore, on things) "belongs in common to several subjects".
Communion is voluntary when it is established by the will of the parties who, by agreement, acquire or share ownership of the thing; it is incidental, when it arises by the will of the law (for example: forced communion of the wall; communion of the common parts of a building such as stairs, landings, etc.). A particular kind of communion, which depends not only on the law or the will of the deceased, but also on the acceptance of the heirs, is the hereditary communion.
The condominium in the buildings is placed in the institution of the communion, regulated by the articles 1117-1138 code civ. and – for anything not expressly provided for by these norms – by the same provisions envisaged for communion in general (art. 1139 of the civil code).
The regulation of the condominium presupposes the coexistence, within the ambit of a single building, of property units in exclusive ownership and of common areas, the latter placed at the service of the former, according to an accessory and complementary relationship.
In this perspective, in jurisprudence it has been observed that the subject of community ownership is concerned when, on a given asset, several people jointly have the right of ownership or other real right, while it is concerned with the subject of condominium, when the community of several persons on certain parts of the building coexists with the exclusive ownership of the various real estate units (cf. Court of Cassation sentence n. 2233 of 6.21.'69).
This is a machine translation from Italian language of a post published on Start Magazine at the URL https://www.startmag.it/economia/cosa-prevede-la-normativa-su-comunione-e-condominio/ on Sat, 10 Dec 2022 07:00:41 +0000.