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Civil Law

Explanation of Article 638

Explanation of Article 638

The article stipulates that the competent court may decide to conduct a partial division of the common property by dividing a part of the common property without the other parts; this is permissible if requested by one of the partners, and provided that no harm is caused to the remaining co-owners.

Related To

Article 638

  1. If an owner of a property owned in common requests partition of the property and the other owners request joint usufruct, or if an owner requests partition during the joint usufruct period, the request for partition shall prevail.

  2. If an owner of a property owned in common requests joint usufruct and the other owners deny such request without requesting partition, they shall be compelled to participate in the joint usufruct.