To whom should the Administration of the Condominium require payment in case of acquisition / disposal of autonomous fractions keeping the alienator debts to the Condominium?

Abstract

The Horizontal Property as a means of organization and answer to escalating needs plays the role of a legal institution with a strong economic and social importance. Each proprietor is the exclusive owner of the fraction that belongs to him and joint owner of the common parts of the building. Thus, each joint owner has an associated set of rights and cumulatively, obligations. In the Administration of the Condominium fits the function to collect existing debts, notifying the apartment owners to do so voluntarily. Having failed this, it's their duty to charge them using the judicial channel. In this context, the question of whether the purchaser of an autonomous fraction is responsible for past due condominium instalments at the acquisition date, is of particular importance. The obligations in question are propter  rem, in other words, obligations where the debtor is determined by entitlement of real right. The controversy arises when you want to assign only to some of these bonds the characteristic of transmission.