Chapter First: Rights and Obligations of Co-owners

Article 824

Art. 824 - When a thing or a right belongs to several persons jointly and undividedly, a state of law known as a community or quasi-society is established, which may be voluntary or compulsory.

Article 825

Art. 825 - In case of doubt, the shares of the co-owners are presumed to be equal.

Article 826

Art. 826 - Each communist may use the common thing in proportion to his right, provided that he does not make a use contrary to its nature or its destination and that he does not use it against the interest of the community, or in a manner such as to prevent others from using it according to their right.

Article 827

Art. 827 - One of the co-owners cannot modify the common thing without the express or tacit consent of the others. In the event of non-compliance with the preceding paragraph, the following rules apply: 1) when the thing is divisible, partition is carried out; If the part on which the modification was made falls into the share of the one who made it, there will be no recourse either way. If it falls into the share of another associate, the latter has the choice of paying the value of the modifications made or compelling their associate to restore things to their original state. 2) When the thing is indivisible, the other co-owners may compel the author of the modification to restore things to their original state at their own expense, in addition to damages if applicable.

Article 828

Art. 828 - When the property is by its nature indivisible, each of the co-owners is only entitled to the proceeds of the property in proportion to their share: this property must be leased for the common account, even if one of the co-owners objects to it.

Article 829

Art. 829 - Each co-owner must account to the others for the proceeds of the common property received by him in excess of his share of interest.

Article 830

Art. 830 - Communists may agree that they will be able to use exclusively in turn the thing or right which is the subject of the community. In this case, each of them may dispose, for free or for a fee, of the exclusive right of which he enjoys, for the time of his enjoyment and owes no account to his communists of what he has received. He cannot, however, do anything which prevents or diminishes the right of other communists, when their turn of enjoyment has come.

Article 831

Art. 831 - Each co-owner is required to exercise the same diligence in preserving the common property as they would in preserving their own property.

Article 832

Art. 832 - Each co-owner has the right to compel the others to contribute with him, in proportion to their share of interest, to the necessary expenses for preserving the common thing and maintaining it in a state of serving the purpose for which it is intended. Each may be released from this obligation: 1. by selling his share, subject to the right of withdrawal of indivision of the partner who has made or offers to make the expense; 2. by abandoning to the latter the enjoyment and products of the thing until full reimbursement of what he has disbursed for the common account; 3. by requesting the partition, when it is possible. However, if the expense has already been incurred, the co-owners are liable up to the amount of their contributory share.

Article 833

Art. 833 - Each communist is bound towards the others to bear the charges relating to the common thing as well as the costs of administration and exploitation. The contributive share of each communist in the charges and expenses is regulated according to his share of interest.

Article 834

Art. 834 - The expenses that are merely useful, and those that are voluptuous, made by one of the co-owners do not give him the right to any reimbursement against the other interested parties, unless he has been expressly or tacitly authorized to make them.

Article 835

Art. 835 - The deliberations of the majority of the co-owners are binding on the minority with regard to the administration and enjoyment of the common property, provided that this majority represents three-quarters of the interests that make up the subject of the co-ownership. If the majority does not reach three-quarters, the co-owners may appeal to the judge, who decides in the sense most in conformity with the general interest of the co-ownership. He may even appoint an administrator, if the case so requires, or order the partition of the co-ownership.

Article 836

Art. 836 - The decisions of the majority do not bind the minority, when it is a question of: 1) acts of disposition, and even acts of administration which directly affect the property; 2) innovations made to the social contract or to the common thing; 3) contracting new obligations. In the cases enumerated above, the opinion of the opponents must prevail, but the other co-interested parties may, as the case may be, exercise the faculty provided for in Article 86.

Article 837

Art. 837 - Each co-owner has an undivided share of the common property and its produce. They may alienate it, transfer it, pledge it, substitute others in its enjoyment, and dispose of it in any other manner, either for a consideration or gratuitously, unless the co-owner only has a personal right.

Article 838

Art. 838 - If one of the co-owners sells his undivided share to a third party, the other co-owners may exercise the right of pre-emption in accordance with the legal provisions in force regarding the right of chefaa.

Article 839

Art. 839 - The Community or quasi-company ends by: 1) the total loss of the common thing; 2) the transfer or abandonment that the associates make of their share to one of them; 3) the division.

Article 840

1. No one shall be compelled to remain in co-ownership, and each co-owner may request partition; however, it is for the court to suspend the partition claim temporarily if it deems the circumstances inappropriate for such an operation.

Article 841

Amended. The parties may agree to maintain co-ownership for a specific period not exceeding five years, and no effect is given to any excess beyond this limit. The court may, even during the specified period, order the removal of co-ownership if it finds compelling reasons justify doing so.

Article 842

Art. 842 - Partition may not be requested when the community has as its object things that, upon being partitioned, would cease to serve the purpose for which they are intended.

Article 843

Art. 843 - The action for partition is not subject to prescription.