oa Fundamina : A Journal of Legal History - The doctrinal clog on the historical development of condominium by the maxim superficies solo cedit
The institution of condominium, also designated apartment ownership, propiedad horizontal, strata titles or propriété par étages, is the institution by which a person acquires ownership in a unit in a multi-unit building in the same way as he or she acquires ownership in a separate parcel of land. When the unit is registered in his or her name he or she acquires ownership of the unit, co-ownership shares in the common property and importantly he or she becomes part of the management structure of the scheme. This modern concept of condominium has evolved over many centuries. The purpose of this presentation is to trace the historical development of this institution and to indicate how, ignited by the quest for home ownership, it gained worldwide acceptance, despite constant doctrinal opposition from traditional property concepts.
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