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Explanation of Article 641

Explanation of Article 641

The article clarified that if the division of the jointly owned property cannot be made in kind, and one of the partners requests its sale, the court must order its sale judicially, unless there is harm to the partners from selling it at the present time; in which case, the court postpones its sale until the harm is removed.

Article 641

  1. Any person who takes possession of an unowned movable thing with the intent to own it shall be the owner thereof.

  2. A movable thing shall be deemed unowned if ownership thereof is not prohibited by a legal provision, and such thing has no owner or its owner abandoned it with the intent of relinquishing ownership thereof.