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Civil Law

Explanation of Article 628

Explanation of Article 628

The article refers to the right of each partner to exit from the common property by dividing it. The first paragraph clarified that if one of the partners requests the division of the common property and the others, whether all or any one of them, refuse; the matter is not without...

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Article 628

  1. If the request for the partition of a property owned in common by one of the owners is denied by the other owners and in-kind partition of the property is possible without impairing its use or significantly reducing its value, the court shall order partition of the property. If partition entails such impairment or reduction, the court shall order the sale of the property at auction.

  2. If an owner of a property owned in common who requests partition is able to sell his share for a value not less than its value if the entire property is sold, the other owners shall not be compelled to sell the property at auction. If said owner is not able to sell his share without its value being diminished, the other owners may avoid sale at auction by paying him the amount of any shortfall resulting from the sale of his share.