Definition : Transaction

Contract by which the parties prevent a future contestation, put an end to a lawsuit or settle difficulties arising in the execution of a judgment, by way of mutual concessions or reservations.

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Co-ownership conflicts often arise from a lack of knowledge of the rules governing the immovable, a lack of communication or transparency, or from an unresolved misunderstanding. Know that in such cases, a trial is not the only avenue available to you. Before commencing legal proceedings, and even once they are engaged, and even once they are initiated, there is always time to opt for the services of a mediator. The latter, who is a neutral and impartial third party, could help you resolve (without decision-making power) a dispute between a co-owner and the syndicate or members of the board of directors between them.
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Conflicts within co-ownerships are not uncommon. They can arise between co-owners, in particular in the context of neighborhood annoyances (noise, abusive uses of the common portions) but also between the board of directors and the co-owners. They can be resolved amicably, for example through mediation, or through the judicial process or arbitration. The Code of Civil Procedure encourages alternative methods of dispute resolution, such as mediation, arbitration or conciliation. It even obliges the parties to "consider" the use of private methods of prevention and settlement of their dispute before judicializing their dispute. These methods of settlement are in principle more user-friendly, accessible and expeditious.
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