Explanation of Article 616
The article stipulates that if the wall is owned by one of the neighbors, the owner of the wall is not allowed to demolish it if three conditions are met:
The first condition: The neighbor's property must be concealed by the wall, as if it is enclosed on three sides, and the wall intended to be demolished is its fourth boundary. However, if the neighbor's property is only enclosed on two sides, one side, or not enclosed at all, it cannot be said that it is concealed by the dividing wall.
The second condition: The demolition must cause harm to the neighbor whose property is concealed by the wall.
The third condition: There must be no valid reason for the demolition. If there is a valid reason for the demolition, such as the wall being at risk of collapsing, then the owner has the right to demolish it.
This ruling is an application of the theory of abuse of rights; therefore, the judgment in assessing the valid reason is based on balancing the interest of the person wishing to demolish and the harm caused to the neighbor due to the demolition.
Related To
Article 616
An owner of a wall may not demolish it if the demolition would cause harm to a neighbor by exposing his property, unless such demolition is justified.