LA ¿NECESARIA? DIVISIÓN DE LA COMUNIDAD DE BIENES.

Abstract

Roman community property is in principle a transitory situation intended to be terminated, fundamentally through the division of the thing join tly owned. This paper addresses the question of whether division of the thing jointly owned at the petition of one of its joint owners in order to sever the situation of undivided ownership is always necessary or recommendable; or whether on the contrary exceptions should be permitted and even normalised, because a community property regime is sometimes not as injurious as one supposes. On the contrary, such a regime may be necessary for the achievement of certain ends.