Explanation of Article 615
The article refers to the rights and obligations of partners that arise when raising the common wall in case the partners do not agree on the raising and its provisions, and the provisions for the cost of its repair.
The first paragraph clarified that a partner in the common wall has the right to increase the height of the wall at his own expense, even if his partner does not agree to this increase, under two conditions. The first condition: the partner who wishes to raise the wall must have a serious interest that necessitates this raising, such as if the low height of the wall leaves his house exposed, requiring it to be covered.
The second condition: it must not cause significant harm to his partner. If the harm caused to the partner due to the raising of the wall is significant, he has the right to prevent his partner from raising it. The term "significant" implies that mere harm does not entitle the partner to prevent the raising, as neighbors are expected to tolerate a certain amount of harm and be lenient.
A partner is allowed to raise the wall if both conditions are met, even if the other partner does not agree, because the lack of agreement in this case is considered an abuse of the right, and thus he cannot prevent it.
If one of the partners raises the wall alone, the raised part becomes his exclusive property, whether the raising was done after demolishing the wall and rebuilding it or without demolishing it. If the other partner later needs to benefit from the raised part, he has the right to share in it against the will of the owner after paying his share of the cost.
According to the first paragraph, the partner wishing to raise the wall cannot compel his partner to share in the cost of raising the wall on the grounds that the wall is shared between them. However, if the interest is mutual between the partners, the one who bore the expenses can claim compensation for the share corresponding to the benefit of the other partner according to the rules of unjust enrichment if its conditions are met.
The second paragraph clarified that if the wall is not suitable for raising and its raising requires demolishing and rebuilding it more sturdily to bear the burden of raising, the one with a serious interest in raising can demolish the wall and rebuild it entirely at his own expense. This ruling is undoubtedly restricted by not causing significant harm to the partner, such as if the partner's buildings are supported by the wall, and demolishing it for rebuilding would harm him, so the one interested in raising cannot demolish it for the purpose of raising.
The third paragraph clarified that if the common wall is not suitable for the purpose for which it was erected and this is not due to one of the partners, the cost of repairing it is on all partners, each according to his share in it. Any of the partners can demand that the rest of the partners contribute to the repair if this repair is necessary for the wall's intended use, as the benefit from the repair will return to all, and they are partners in it.
Related To
Article 615
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A co-owner of a party wall may raise the height of the wall at his own expense if he has a valid interest in doing so, provided that the other co-owner does not sustain serious harm.
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If the height of the party wall cannot be raised, the co-owner seeking to raise its height shall rebuild it at his own expense.
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If a party wall no longer serves its intended purpose, it shall be repaired at the expense of all co-owners, each in proportion to his respective share.