Explanation of Article 634
The article addresses the definition of "muhaya'a," explaining that it is a temporary division of the benefit of common property among partners according to their shares in the common property, whether it is a temporal or spatial division. It does not aim to end the state of co-ownership but rather to organize the relationship between the partners by dividing the benefit of the common property for the purpose of its use and exploitation in common.
From the definition, it is clear that there are two types of "muhaya'a":
- Temporal Muhaya'a: This is when the partners take turns benefiting from the common property for a period of time proportional to each one's share in the common property.
- Spatial Muhaya'a: This is when each partner benefits from a specific part of the common property equivalent to their share, allowing them to benefit simultaneously, each in a specific part of that property.
The principle is that "muhaya'a," whether temporal or spatial, should be proportional to each partner's share in the common property. However, it is permissible to agree otherwise, as this is not related to public order. The text of the article explicitly indicates that this provision is not of public order but rather a supplementary, not mandatory, rule.
Related To
Article 634
Joint usufruct refers to the temporal or spatial partition of the usufruct of a property owned in common among its owners in proportion to their shares.