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Article 1873-12 of the French Civil Code

In the event of the alienation of all or part of an undivided co-owner’s rights in the undivided property, or in one or more of these properties, the co-undivided co-owners benefit from the rights of pre-emption and substitution provided for by the articles 815-14 to 815-16 and 815-18 of this code. The agreement is deemed to have been concluded for an indefinite period when, for any reason whatsoever, an undivided…

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Article 1873-13 of the French Civil Code

The undivided co-owners may agree that, on the death of one of them, each of the survivors may acquire the share of the deceased, or that the surviving spouse, or any other designated heir, may have it allocated to them on condition that it is taken into account in the estate according to its value at the time of acquisition or allocation. If several undivided co-owners or several heirs simultaneously…

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Article 1873-14 of the French Civil Code

The option to acquire or allocate lapses if its beneficiary has not exercised it by notifying the surviving undivided co-owners and the heirs of the predeceased within one month of the day on which he was given formal notice to take a decision. This formal notice may not itself take place before the expiry of the period provided for in the title “Inheritances” for making an inventory and deliberating. Where…

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Article 1873-15 of the French Civil Code

Article 815-17 is applicable to joint ownership creditors, as well as to the personal creditors of the joint owners. However, the latter may only bring about partition in cases where their debtor could bring it about himself. In other cases, they may pursue the seizure and sale of their debtor’s share in the undivided interest in accordance with the forms provided for by the Code of Civil Procedure. The provisions…

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Article 1873-16 of the French Civil Code

Where undivided property is encumbered by a usufruct, agreements, subject in principle to the provisions of the preceding chapter, may be concluded either between the bare owners or between the usufructuaries, or between each of them. There may likewise be an agreement between those who are undivided for the enjoyment and the one who is bare owner of all the property, as well as between the universal usufructuary and the…

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Article 1873-17 of the French Civil Code

Where the usufructuaries have not been parties to the agreement, third parties who have dealt with the manager of the undivided interest may not rely, to the detriment of the usufruct rights, on any powers conferred on him by the bare owners.

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Article 1873-18 of the French Civil Code

Where the agreement between usufructuary and bare owner provides for decisions to be taken by a majority in number and in shares, the voting right attaching to the shares is divided equally between usufruct and bare ownership, unless the parties have agreed otherwise. Any expenditure exceeding the obligations of the usufructuary, as defined by the articles 582 et seq, only engages him with his consent given in the agreement itself…

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