Académique Documents
Professionnel Documents
Culture Documents
4.
Definition:
-
or
right
Governed by:
Contracts
2.
3.
1.
2.
3.
4.
5.
6.
No juridical personality;
7.
Sources:
1.
Law
2.
Contract
3.
Chance
treasure
4.
Occupation
5.
commixtion,
confusion,
4.
Characterists of Co-ownership
1.
own heirs
A minor co-owner does not benefit the
others for the purposes of prescription
(prescription runs against them)
hidden
Art. 486:
Common
Kinds of co-ownership
Subject Matter
1.
Undivided thing;
2.
Undivided right
2.
Non-contractual co-ownership
1.
2.
3.
2.
Tenancy in Common
Involves a physical whole, but there is an
ideal division
Each co-owner may dispose of his ideal or
undivided share without the others consent
Upon death, co-owners share goes to his
to
Use
Property
Owned
in
Rights of Co-owners
1.
Right
Source
1.
1.
2.
3.
L
(
o
-
A vendor selling real porperty must inform his coowners in writing, who may redeem the same within
thirty days. This does not apply if the co-owners were
present and active during the sale.
Art. 489: Consent of Co-Owners in Acts of
Preservation
In a nutshell:
Repairs, ejectment 1
Useful,
luxurious
improvements,
administration FINANCIAL MAJORITY
2.
a.
b.
So on successively
4.
5.
2.
Voluntary easements
3.
4.
5.
6.
The approval, concurrence or consent of other coowners are not essential if a co-owner desires to
cancel, with respect to his ideal share, a lease of the
property owned in common and lease said share in
favor of another. (Lease must not be registered or
exceeds one year)
-
Distrito v. CA (1991)
3.
Acts of Administration:
1.
2.
3.
Transitory effects;
4.
5.
6.
o
-
2.
3.
2.
Caro v. CA (1982)
There can be no redemption of a share of a co-owner if
there has already been a partition of the property
formerly owned in common. This is true even if the
share had been sold while the co-ownership was still
existing.
Includes legitime.
3.
Cause
a.
Extrajudicial
b.
Permanence
a.
Provisional
b.
Permanent
Subject Matter
a.
Real property
b.
4.
Personal property
Judicial decree
b.
Duly registered
Property
c.
Public instrument
d.
Private instrument
e.
Oral Partition
in
the
Registry
of
Procedure:
1.
2.
3.
Thing is essentially indivisible, and the coowners cannot agree that it be allotted to one
of them to indemnify the others, it shall be
sold and the proceeds distributed.
Exceptions:
Fraud
Made
notwithstanding
formal
opposition presented to prevent it,