Explanation of Article 635
This article clarifies what partners must specify if they agree on temporal and spatial allocation, and what the ruling is if they do not specify that.
Regarding temporal allocation, the start time of each partner's benefit and the duration they benefit must be specified. If the partners agree on allocation but do not specify the start time of each partner's benefit or the duration, this omission does not invalidate the agreement. Instead, the court will determine this based on a request from one of the partners, as it deems appropriate, taking into account the nature of the dispute and the common property. The court may conduct a draw to determine the start date of each partner's benefit. For example, if three partners agree on a temporal allocation for two years without specifying the duration of each one's benefit or the start date, and then they disagree (such as some wanting every three months, others every six, and disagreeing on who starts first), this disagreement does not invalidate the allocation agreement. Any partner can request the court to resolve this dispute by determining the duration of each one's benefit and its start date, with the court considering the nature of the dispute and the common property, and it may conduct a draw to determine the order of commencement.
Regarding spatial allocation, the place of benefit for each partner must be specified. If the partners do not agree on this, it does not invalidate the agreement, but the court will determine this based on a request from one of the partners, and it may conduct a draw to assign the place of benefit. For example, if two partners in a jointly owned land agree on a spatial allocation between its northern and southern parts without specifying the place of benefit for each, and then they disagree on who takes which part, this disagreement does not invalidate the division. The court will determine the place of benefit for each and may conduct a draw for that purpose.
It is noted that the court can determine the start date in temporal allocation and the place of benefit in spatial allocation without conducting a draw if it finds that the partner's request involves abuse of rights, such as if the southern part of the land is adjacent to one partner's house and the northern part to another partner's house, and the partner has no interest in requesting otherwise. According to general rules, abuse of rights is not permissible, and one form of abuse is when the benefit from exercising the right is completely disproportionate to the harm it causes to others, or when it is used for purposes other than those for which it was established or for an unlawful purpose, as stated in Article (29).
Related To
Article 635
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The starting date of a temporal joint usufruct of a property owned in common and the period of enjoyment of each owner of such property must be specified. If the owners fail to agree thereon, said period shall be determined by the court according to the nature of the dispute and the nature of the property owned in common; the court may also draw lots to determine the starting date of enjoyment for each owner.
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In a spatial joint usufruct of a property owned in common, the place of enjoyment of each owner must be specified. If the owners fail to agree thereon, the court may draw lots to designate the place of enjoyment for each owner.