Co-ownership Flashcards
When is there CO-OWNERSHIP? (Art. 484, par. 1)
There is co-ownership whenever the ownership of an undivided thing or right belongs to different persons.
When doe the RULES ON CO-OWNERSHIP apply? (Art. 484, par. 2)
In default of contracts, or special, co-ownership shall be governed by the provisions of this Title.
How are the BENEFITS/CHARGES must be divided among co-owners? (Art. 485, par.1)
The share of the co-owners, in the benefits as well as in the charges shall be proportional to their respective interests.
Any stipulation in a contract to the contrary shall be VOID.
In the absence of stipulation, how are the undivided interest allotted to the co-owners? (Art. 485, par. 2)
The portions belonging to the co-owners in the co-ownership shall be presumed equal, UNLESS the contrary is proved.
What are the limitations to the use of the thing owned in common? (Art. 486)
Each co-owner may use the thing owned in common, provided he does so:
(a) in accordance with the purpose for which it is intended; and
(b) in such a way as not to injure the interest of the co-ownership; or
(c) prevent the other co-owners from using it according to their right.
The purpose of the co-ownership may be changed by agreement express or implied.
Who can bring an action in ejectment? (Art. 487)
Any one of the co-owners may bring an action in ejectment.*
What is the right of the co-owner paid the taxes/necessary expense? (Art. 488)
Each co-owner shall have a right to compel the other co-owners to contribute to the expenses of preservation of the thing or right owned in common and to the taxes. Any on. of the latter may exempt himself from this obligation by renouncing so much of his undivided interest as may be equivalent to his share of the expenses and taxes.
No such waiver shall be made if it is prejudicial to the co-ownership
Acts of Preservation? Rules? (Art. 489)
Repairs for preservation may be made at the will of one of the co-owners, but he must if practicable, first notify hi co-owners of the necessity for such repairs.
Expenses to improve or embellish the thing shall be decided upon by a majority as determined in Art. 492.
Acts of Alteration
Contemplates a change made by a co-owner in the thing owned in common which involve;
(a) Change of the thing from the state/essence in which other believe it should remain;
(b) Withdrawal of the thing from the use to which they wish it to be intended; or
(c) Any prejudice other transformation which prejudices the condition or substance of the thing or the enjoyment by the others.
(d) Acts ownership by which a real right/ encumbrance is imposed on the property.
What is the rule on Acts of Alteration? (Art. 491)
None of the co-owners shall, without the consent of the others, make alteration in the thing owned in common, even though benefits for all would result therefrom.
However, if the withholding of the consent by one or more of the co-owners is clearly prejudicial to the common interest, the courts may afford adequate relief.
What is the rule on Acts of Administration? (Art. 492)
For the administration and better enjoyment of the thing owned in common, the resolutions of the majority of the co-owner shall be binding.
When is there a majority? (Art. 492, par. 2)
There shall be no majority UNLESS the resolution is approved by the co-owners who represent the controlling inerest in the object of co-ownership.
What if there is no majority, in case of Acts of Administration? (Art. 492, par. 3)
Should there be no majority, or should the resolution of the majority be seriously prejudicial to those interested in the property owned in common, the court, at the instance of an interested party, shall order such measures as it may deem proper including the appointment of an administrator.
What are the rights of the co-owners over their portion in the undivided interest? (Art. 493)
Each co-owner shall have the full ownership of his part and of the fruits and benefits pertaining thereto, and
He may therefore alienate, assign or mortgage it, and even subtitute another person in its enjoyment…
EXCEPT
When personal rights are involved.
Distinguish Acts of Administration v. Acts of Alteration (5)
The former refers to the enjoyment, exploitation, modification of the thing which do not affect it substancs, form or purpose. The latter, are acts, by virtue of which, a co-owner, in oppostion to the expressed or tacit agreement of all the co-owners, and in violation of their will, change the thing from the state in which the others believe it would remain, or withdraw it from the use to which they believe it is intended*
The former is transitory in character. While the former is more or less permanent.
The former do not affect the substance or form. While the latter affect or relate the substance or essence of the thing.
In relation to the right of a co-owner, the former require the consent of the majority who represents the controlling interest. While the latter, requires the consent of all co-owners.
The former can be exercised by the co-owners, through others such as an administrator. The latter must be exercised by the co-owners themselves.
