Libro Segundo · Título II · Capítulo III Párrafo I. Disposiciones generales

There is co-ownership when a property or a right belongs pro indiviso to several persons.

In the absence of a contract or special provision, co-ownership shall be governed by the provisions of the present chapter.

The shares of the co-participants are presumed equal. The participation of the co-owners, both in the benefits and in the burdens of the community, shall be proportional to their respective shares.

Each participant may make use of the common things, provided that they use them in accordance with their purpose and in a manner that does not prejudice the interest of the community nor prevent the co-owners from using it according to their right.

Each participant shall contribute to the expenses necessary for the preservation of the common thing, except for the right to be released from this obligation by renouncing the share corresponding to him in the ownership.

None of the co-owners may, without the consent of the others, make alterations that modify the common thing, even if advantages for all could result therefrom, unless they are approved by the majority of the co-owners representing at least two-thirds of the total value thereof.

For the administration of the common property, the agreements of the majority of the co-owners representing at least two-thirds of the total value of the thing shall be binding.

Every co-owner has full ownership of the aliquot share corresponding to him and of its fruits and profits, and may, consequently, alienate, assign or encumber it and even assign only its use, except where a personal right is involved. But the effect of the alienation or encumbrance with respect to the co-owners shall be limited to the portion awarded to him in the partition upon termination of the community. The co-owners enjoy the right of first refusal, which they may exercise within the fifteen days following having been notified of the contract intended to be entered into.

No co-owner shall be obliged to remain in the community. Each of them may at any time request that the common thing be divided, except in cases in which indivision is established by law.

Once division is agreed, each co-owner shall have a preferential right to acquire the shares of the others if they wish to sell them.

An agreement to keep the thing undivided for a fixed time not exceeding three years shall be valid, which time limit may be extended by a new agreement.

The judicial authority, however, when grave and urgent circumstances so require, may order the division of the common thing even before the agreed time.

The co-owners may not demand division of the common thing when effecting such division would render it unfit for the use for which it is intended. In this case, if the co-owners do not agree that it be awarded to one of them upon compensating the others, it shall be sold and its price shall be distributed.

For debts contracted for the benefit of the community and during its existence, only the co-owner who contracted them is obligated, who shall have an action against the others for reimbursement of what he may have paid.

If the debt has been contracted by the co-owners collectively, without expression of shares and without solidarity having been stipulated, they are obligated to the creditor in equal parts, without prejudice to the right of each one against the others to be reimbursed for what he has paid in excess with respect to the share corresponding to him.

Each of the co-owners of a land may request that a portion proportional to his share be enclosed, in order to exploit it with agricultural labor.

If the other co-owners refuse to grant it to him, he may apply to the local judge for a decision.

Once the parcel is granted, the expenses and the fruits thereof shall belong exclusively to the co-owner who has obtained it.

Each co-owner owes to the community what he unduly takes therefrom, including legal interest on common money he has used for his own purposes, and shall also be liable for any damage he has caused to the common property.

If all or part of the common property is to be put into exploitation, any of the co-owners shall have a preferential right to obtain it on the same terms as the one who makes the best proposal.

If two or more co-owners request the lease and fail to reach an agreement, the award shall be made to all of them in proportion to their respective shares in the co-ownership.

The creditors of one or more co-owners have the right to have the portion corresponding to their debtors attached and sold, but without thereby dividing the common thing.

The rules concerning the partition of the inheritance shall be applicable to the division among the participants in the community.

The co-owners remain reciprocally bound to warranty in proportion to the share of each one.

The creditors or assignees of the participants may attend the division of the common thing and oppose its being effected without their concurrence. But they may not challenge the consummated division, except in the case of fraud or where it was effected without their concurrence.

The division of the common thing shall not prejudice a third party who has registered his right before the partition.

Co-ownership ceases by division of the common thing; by its loss, destruction or alienation; and by consolidation or reunion of all the shares in a single co-owner.

The forms of community of lands among peasants shall be regulated by the agrarian laws.