Practice question
A condominium owner seeks judicial partition of a functioning project's common stairwell solely by invoking the Civil Code rule that no co-owner must remain in co-ownership. No statutory ground for partition by sale of the project is alleged. Which statement is correct?
- The Civil Code automatically requires physical partition of the stairwell
- The Condominium Act generally keeps common areas undivided and bars judicial partition except through its specified exception
- Any unit owner may sell the entire stairwell alone
- The stairwell belongs personally to the oldest resident
- Fifty years of existence alone always terminates every condominium
Legal references
- RA 4726 Sections 2, 5, 7 and 8: https://lawphil.net/statutes/repacts/ra1966/ra_4726_1966.html
- Civil Code Articles 484–499: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
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