Explanation of Article 621
The article stipulates that the management of common property is the right of all partners collectively, and no one among them can manage it individually; because each partner has a right in the common property that pertains to every part of it. Therefore, it is not permissible for any one of them to manage it independently, as this would be an infringement on the rights of the other partners. The management activities referred to in the article are those aimed at benefiting from the common property and obtaining its yields, such as renting out a jointly owned house and sharing its rent or organizing its residence for all partners through rotation, so that each partner has a specified time to benefit from residing in the house, and similar activities. Such activities are the right of all partners; therefore, their consensus on the method of managing the property is necessary. This ruling is the principle, but there are exceptions to it; some are stipulated by the system and others by agreement. An example of a system-stipulated exception is the situation where it is impossible for the partners to reach a consensus on managing the common property, and the following article clarifies its ruling. An example of an agreement-based exception is when the partners agree to authorize one of them to manage the common property individually. If one of the partners manages the common property alone and no one objects, he is considered, in the usual management activities he undertakes, as an agent for the other partners; because their silence on objecting is tantamount to an implicit agency for him within the limits required by this agency, which is the usual management of the property. Since management activities, when unrestricted, refer to usual management and nothing else, this partner is considered a principal for himself and an agent for the other partners in managing the common property, and the usual management activities he undertakes are binding on the partners.
Related To
Article 621
A property owned in common shall be jointly managed by the owners in common, unless a legal provision or an agreement provides otherwise. If one of the owners in common assumes management without objection from the other owners in common, he shall be deemed their agent.