Unit 5- Co-Ownership and Undivided Community

Question 1

what is the undivided co-ownership regime governed by in the SCC?

Answer 1

article 406 SCC

Question 2

what is roman community type?

Answer 2

Ownership is distributed in shares. Example: a couple has purchased an apartment.

Question 3

Under the SCC and the CCC what is the default community type for the regulation of co-ownership?

Answer 3

roman community type.

Question 4

what is co-ownership?

Answer 4

ownership of the same property held jointly by 2 or more title holders.

Question 5

what is undivided co-ownership?

Answer 5

a form of ownership on a thing that cannot be materially divided among co-owners.

Question 6

how can undivided ownership be created?

Answer 6

by contract; succession; or by a court decision

Question 7

what are the essential rules of undivided co-ownership?

Answer 7

each co-owner can freely dispose of their share; and approval of the co-owners is required for: selling of the common thing and establishing real rights upon the common thing.

Question 8

what is the right of partition?

Answer 8

power to demand the division of the thing. A co-owner can demand the division of the object of the community at any time.