S.A 2020/21 B.E CIVIL LAW | Question #7
SUGGESTED ANSWERS TO THE 2020/21 BAR EXAMINATIONS IN CIVIL LAW | Question #7
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Four siblings co-own a two-hectare, commercially viable property located next to a major road. The siblings have equal shares but none of them have exerted any effort to partition the property.
A large retail conglomerate then offered to purchase the entire property. Three of thesiblings were willing to sell, but one refused, wanting to hold on to the land in memory of their departed parents.
The three willing siblings proceeded to sell their respective shares in the property to the large retail conglomerate. After the sale, the conglomerate filed a case in court to partition the property.
Should the court allow the partition? Explain briefly.
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SUGGESTED ANSWER:
Yes, the court should allow the partition of the property. No co-owner shall be obliged to remain in the co-ownership. Each co-owner may demand at any time the partition of the thing owned in common, insofar as his share is concerned (Civil Code, Art. 494).
Also, each co-owner shall have the full ownership of his part and of the fruits and benefits pertaining thereto, and he may therefore alienate, assign, or mortgage it, and even substitute another person in its enjoyment, except when personal rights are involved. But the effect of the alienation or the mortgage, with respect to the co-owners, shall be limited to the portion which may be allotted to him in the division upon the termination of the co-ownership (Civil Code, Art. 493). The retailconglomerate who bought the undivided shares of the three siblings thereby became a co-owner with the other sibling who refused to sell and as co-owner, it may ask for partition of the co-ownedproperty.
Code: S.A 2020/21 B.E CIVIL LAW | Question #7
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