Civil Code > TITLE VIII JOINT OWNERSHIP, USUFRUCT AND OTHER RIGHTS IN RAM 1

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TITLE VIII JOINT OWNERSHIP, USUFRUCT AND OTHER RIGHTS IN RAM

Chapter 1. Joint ownership

Section 1. General provisions

Art. 1257.- Principle.

(1) A thing may be owned by several persons as joint owners thereof.

(2) Nothing shall affect the rules relating to agricultural communities and official associations of owners laid down in Title IX of this Code. (Art. 1489-1534).

Art. 1258.- Joint ownership how regulated.

(1) Without prejudice to the mandatory provisions of the law, the rights and duties of joint owners shall be subject to the instrument where from joint ownership originates and to the agreements entered into by the joint owners.

(2) Such provisions shall apply where no instrument or agreements as mentioned in sub-art. (1) are made or where such instrument or agreements are defective or contrary to law.

Art. 1259.- Presumption of equality.

The shares held by each joint owner shall be presumed to be equal.

Art. 1260.- Rights on share.

(1) Each joint owner may dispose of or pledge his share.

(2) The creditors of each joint owner may attach his shares.

Art. 1261.- Legal right of pre-emption.

(1) Joint owners shall be legally entitle to compel any third party who acquires a share in the thing jointly owned to sell it to them.

(2) The right mentioned in sub-art, (1) shall be exercised in the manner prescribed by Chapter 4 of this Title (Art. 1386-1409).

Art. 1262.- Surrender of share.

(1) Where a joint owner surrenders his share in a thing jointly owned, such share shall accrue to the other joint owners.

(2) A joint owner who has surrendered his share shall be liable for the debts which he was liable for prior to surrender.

Art. 1263. Use of thing.

Each joint owner may use the thing jointly owned in accordance with the purpose for which it was acquired and with the due regard to the rights of the other joint owners.

Art. 1664.- Increase.

(1) The fruits of a thing jointly owned shall be jointly owned.

(2) Each joint owner may at any time apply for the partition of such fruits.

Art. 1265.- Administration of thing jointly owned.-1. Rule of majority.

(1) A thing jointly owned shall be administered by the joint owners acting together.

(2) Decisions regarding such thing shall be taken by a majority vote of owners representing a majority share.

Art. 1266.- 2. Decisions requiring unanimous consent.

The consent of all the joint owners shall be required where the thing is to be disposed of, mortgaged or the purpose for which the thing was acquired changed.

Art. 1267.- 3. Costs.

The joint owners shall bear in proportion to their share the costs of administration, taxes and pledging or mortgaging the thing jointly owned and all other charges resulting from joint ownership or charging the thing jointly owned.

Art. 1268.- Necessary expenses.

(1) Where a joint owner without authority incurs expenses to avoid loss or damage to the thing jointly owned, the expenses shall be borne by all joint owners.

(2) No refund shall be payable where the expenditure was purposeless or was rendered necessary by the fault of the joint owner or a person responsible to such joint owner.

(3) A joint owner may relieve himself of his duty to share expenses by surrendering his share to the other joint owners.

Art. 1269.- Expenses not necessary.- 1. Principle.

(1) Where a joint owner without authority has incurred in connection with the thing jointly owned expenditure which was not necessary but increases the value, usefulness or appearance of such thing, he shall not be entitled to any refund of expenditure.

(2) He may restore the thing to its previous condition.

Art. 1270.- 2. Increase.

(1) The provisions of Art. 1269 shall not apply to expenditure incurred in the production or collection of fruits or crops.

(2) Where a joint owner without authority has incurred expenditure in the production or collection of fruits or crops, he shall deduct such expenditure before the proceeds from such fruits or crops are divided.

Art. 1271.- Sale by auction of thing jointly owned.

(1) Notwithstanding any provision to the contrary, each joint owner may at any time apply for the thing jointly owned, if a corporeal chattel, to be sold by auction.

(2) Where the time for sale is inappropriate the court may order that the thing shall remain jointly owned for a period not exceeding six months.

Art. 1272.- Division of immovable jointly owned. 1. Principle.

(1) Each joint owner may at any time apply for the thing jointly owned, if immovable, to e divided.

(2) Where divisions is contrary to the nature or purpose of the immovable or would reduce its value considerably or seriously impair the making use of it, the court shall order that the immovable be sold by suction and not divided.

Art. 1273.- 2. Power of the court.

(1) Where the time for division or sale by auction is inappropriate the court may order that the thing shall remain jointly owned for a period not exceeding two years.

(2) Where necessary, it shall appoint a person to administer the thing during the period specified in the order.

Art. 1274.- 3. Agreement prohibiting division.

(1) The right of a joint owner to apply for division may be prohibited by the act creating the joint ownership or by the subsequent unanimous agreement of the joint owners.

(2) Any such agreement shall be effective for not more than five years or for such shorter period as may have been fixed.

(3) An agree met which does not fix any period or fixes a period longer than five years shall be of no effect after five years.

Art. 1275.- Provision for arbitration.

(1) The act creating the joint ownership or an agreement entered into by the joint owners may provide that any dispute arising between joint owners in relation to the thing jointly owned shall be settled by one or more arbitrators.

(2) In such a case, the provisions of Art. 3307-3346 of this Code shall apply.

Art. 1276.- Perpetual joint ownership. -1. When possible.

Joint ownership may be perpetual where this is accordance with the nature or purpose of the thing and the sale or division thereof is impossible or would be unreasonable

Art. 1277.- 2. Special agreement necessary.

(1) Where a thing is in perpetual joint ownership, an agreement shall be made regarding the rights and duties of the joint owners and the administration of the thing.

(2) Failing unanimous agreement between the joint owners the court shall settle the terms of the agreement.

Section 2. Special cases

Paragraph 1. Party wall

Art. 1278. Liberty of owner

No person may compel his neghobour to build or repair a party-wall

Art. 1279. – Rebuilding party-well.

(1) Where a party-wall is destroyed and one of the owners refuses to share in its reconstruction, the other owner may rebuild it.

(2) Any wall thus rebuilt shall be the sole property of the owner who rebuilt it, notwithstanding that it is built partly on the neighbour’s land.

(3) The owner who did not share in the reconstruction of the wall may at any time cause such wall to become party-wall by paying to his neighbour half of the expenses incurred in rebuilding the wall.

Art. 1280.- Rights on party-wall.

A joint owner may not, without the consent of the other joint owner, raise the height of party-wall, lean buildings against, it, open holes therein or do any act implying full ownership.

Paragraph 2. Ownership of stories or suites of a building

Art. 1281.- Parts of buildings deemed to be jointly owned.

(1) Where floors or parts of a building are owned by different persons, such persons shall, in the absence of any evidence to the contrary, be deemed to be joint owners of the land of such pats of the building as are not intended for the exclusive use of one owner only.

(2) The walls separating parts of a building shall be jointly owned by the owners of such parts.

Art. 1282.- Joint ownership agreement.

(1) The rights and duties of each joint owner and the manner in which the immovable jointly owned shall be managed shall be as provided in the joint ownership agreement regarding such immovable.

(2) The agreement shall fix the share of each joint owner in the parts jointly owned of the immovable.

Art. 1283.- Form of agreement.

An agreement regarding joint ownership shall be of no effect unless made in writing.

Art. 1284.- Deposit of agreement.

(1) A copy of the agreement shall be deposited with a notary or court registry at the place where the building is situate.

(2) Any interested party may have access thereto and be supplied with a copy thereof.

Art. 1285.- Drowing up of agreement.

(1) An agreement regarding joint ownership may be drawn up, prior to the building being built, by the prospective joint owners or by the person who undertakes the construction of the building to be jointly owned.

(2) Where the building has been completed, the agreement shall be drawn up by the syndicate of joint owners on the application of any joint owner.

(3) Failing unanimous consent of the joint owners, the terms of the agreement shall be settled by the court.

Art. 1286.- Effect of agreement.

The agreement may be set up against any person who claims to have a right on the building, where such right has been acquired after the agreement has been deposited in accordance with Art. 1284.

Art. 1287.- Agreement not deposited.

(1) The agreement whether deposited or not shall bind the joint owners.

(2) It shall bind the heirs and creditors of such joint owners.

Art. 1288.- Incomplete or unlawful agreement.

The provisions of this Chapter shall apply where the agreement is defective or contrary to law.

Art. 1289.- Parts not jointly owned.- 1. Principle.

(1) Each joint owner shall exercise the rights of a full owner on such parts of the building as are his and are not jointly owned.

(2) He may in particular dispose of, rent or mortgage the part of which he is the full owner.

Art. 1290.- 2. Application.

Each joint owner shall have regard to the nature of the building and shall not exercise his rights to the detriment of the other owners.

Art. 1291.-Parts jointly owned. 1. Use.

Each joint owner may, in exercising his rights on his share, make use of the parts jointly owned of the building in accordance with their purpose but so as not to disturb the rights of the other joint owners.

Art. 1292.- 2. Charges.

(1) Each joint owner shall share in the costs arising from the preservation maintenance or administration of the parts jointly owned.

(2) Such costs shall be apportioned in accordance with the value of the respective shares.

Art. 1293.- Syndicate of joint owners. -1. Purpose.

(1) Joint owners shall constitute a syndicate which shall act as their legal representative.

(2) The syndicate shall, in accordance with the agreement regarding joint ownership, make all decisions relating to the use and administration of the parts jointly owned.

Art. 1294.- 2. Operation.

(1) Each joint owner shall have a number of votes proportionate to the value of his share.

(2) He may be represented at meetings and vote by proxy.

Art. 1295.- 3. Meetings.

(1) The manager of the syndicate shall convene all meetings of the syndicate at the place where the building is situate.

(2) A meeting of the syndicate shall be convened where not less than five joint owners so require.

(3) The manner of convening and time of the meeting shall be fixed by the manager in a reasonable manner.

Art. 1296.- 4. Decisions.

(1) The decisions of the syndicate shall be taken by a majority vote.

(2) They shall be served by the manager on the joint owners who were not present or represented at the meeting.

Art. 1297.- 5. Appeal.

(1) Notwithstanding any provision to the contrary, any joint owner may appeal to the court against any decision, taken by the syndicate, to which he has not agreed and which is contrary to law or the agreement regarding joint ownership.

(2) The right of appeal shall be exercised within one month from the decision having been served on the joint owner concerned.

(3) Any judgment invalidating a decision of the syndicate shall be binding on all joint owners.

Art. 1298.- Manager. 1.- Appointment.

(1) The syndicate shall be managed by a manager who need not be a joint owner.

(2) He shall be appointed by the syndicate.

(3) Where necessary, a manager may be temporarily appointed by the court on the application of a joint owner.

Art. 1299.- 2. Written authority.

(1) The manager may require the syndicate to provide him with a written authority specifying his duties and powers.

(2) Where the manager is appointed for a period of time such period shall be specified in the written authority.

Art. 1300.- 3. Remuneration.

(1) Unless otherwise agreed, the manager shall not be remunerated.

(2) He shall be paid expenditure incurred on behalf of the syndicate.

Art. 1301.- 4. Revocation.

(1) The ayndicate may at any time revoke the appointment of the manager, without prejudice to the right of the manager to claim such remuneration as may have been agreed.

(2) Any agreement to restrict revocation of the appointment of the manager for good cause shall be of no effect in particular where the manager commits a serious breach of duties or is incapable of carrying out his duties in a proper manner.

Art. 1302.- 5. Duties.

(1) The manager shall be responsible for he maintenance, security, cleanliness and repair of the parts jointly owned of the building.

(2) He shall convene the syndicate and shall enforce its decisions.

(3) He shall represent the syndicate and shall act on its behalf in judicial and extra-judicial relations.

Art. 1303.- Liability.

(1) The manager shall be liable to the syndicate in accordance with the provisions relating to agency

(2) Notwithstanding any agreement to the contrary, an appeal shall lie to the court against any decision of the syndicate approving the accounts of the manager or relating to the manager’s liability, where the manager or his representative took part in such decision.

Art. 1304.- Loss of building.

Where a building is a total loss by reason of fire or otherwise, any joint owner may apply for the land and remains of the building to be sold by suction.

Art. 1305. –Partial destruction.-1. Power of syndicate.

Where a building is partially destroyed, the syndicate shall decide whether or not the building shall be rebuilt or repaired.

Art. 1306.- 2. Decision to rebuild.

(1) Where the syndicate decides to rebuild or repair the building, each joint owner shall bear the costs of rebuilding or repair in proportion to his share in the parts jointly owned of the building.

(2) No regard shall be had to the fact that some parts not jointly owned may have been destroyed or damaged and other parts of the same nature have not.

(3) Nothing shall affect cases where the damage caused to the building is attributable to a joint owner or a person for whom a joint owner is responsible.

Art. 1307.- 3. Decision not to rebuild.

(1) Where the syndicate decides not to rebuild or repair the building, Such building, including the parts thereof as are not jointly owned, shall be sold by auction.

(2) The joint owners shall share in the proceeds of the sale in proportion to their share in the parts jointly owned of the building.

(3) The provisions of Art. 1306 (2) and (3) shall apply in such cases.

Art. 1308.- Creditors of syndicate.

Debts incurred following decisions taken by the syndicate shall be secured by the building, including such parts thereof as are not jointly owned, unless the joint owners or manager have personally and expressly under. Taken to pay such debts from other property.

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