Define
Co-ownership
There
is co-ownership whenever the ownership of an undivided thing or right belongs
to different persons. (Art. 484, CC)
What
rule shall govern co-ownership?
In
default of contracts, or of special provisions, co-ownership shall be governed
by the provisions of the Civil Code on co-ownership (Art. 485)
Sources of co-ownership
1. By law
2. By contract
3. By chance
4. By occupation or occupancy
5. By succession or will
Characteristic of co-ownership
1. There must be more than one subject or owner
2. There is one physical whole divided into ideal shares
3. Each ideal share is definite in amount but is not
physically segregated from the rest
4. Regarding the physical whole, each co-owner must
respect each other in the common use, enjoyment, or preservation of the
physical whole
5. Regarding the ideal share, each co-owner holds
almost absolute control over the same
6. It is not a juridical person
7. There is no mutual agency
8. There is no extinguishment upon the death of any
co-owner
9. A co-owner is in a sense a trustee for the other
co-owners
Share in the benefits and charges
The share of the co-owners, in the benefits as well as in the
charges, shall be proportional to their respective interests. Any
stipulation in a contract to the contrary shall be void. The
portions belonging to the co-owners in the co-ownership shall be presumed equal, unless the
contrary is proved. (Art. 485, CC)
● proportional to their interest
● contrary stipulation is void
● equal presumption
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