Da contitularidade de direitos no direito civil: contributo para a sua análise morfológica

Defining the structure of situations of co-ownership of rights involves determining whether the granting of a right to several individuals entails the union of those individuals into a new subject, different from the individual participants; the division or multiplication of the right granted into as many rights as there are addressees; or, conversely, whether it is to be accepted that a right effectively belongs to a plurality of persons. The answer to these questions involves studying the opposition between Roman communion and communion in common hand, and asking whether these models constitute ontologically different realities or two species of the same kind. The practical interest of the problem is undeniable, with implications in areas such as the exercise of rights, non-use, prescription, confusion of rights or legal standing.