Practice question
An essentially indivisible ordinary co-owned thing cannot be allotted to one co-owner with indemnity because no agreement is reached. A co-owner insists physical cutting is mandatory even though it would defeat the thing’s function. Which498 remedy applies?
- Sale and distribution of the proceeds
- Compulsory destructive cutting in every case
- Automatic confiscation by the largest owner
- Permanent private detention of the object by a stranger
- Cancellation of every co-owner’s rights
Legal references
- Civil Code RA386: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Articles486,488–489 and498.
- RA7899 condominium amendments: https://lawphil.net/statutes/repacts/ra1995/ra_7899_1995.html Section1, amended4726 Section4 voting basis.
- RA4726 Condominium Act: https://lawphil.net/statutes/repacts/ra1966/ra_4726_1966.html as amended.
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