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Section 2: Rights and obligations of undivided co-owners.

Article 815-9 of the French Civil Code

Each undivided co-owner may use and enjoy the undivided property in accordance with its intended purpose, to the extent compatible with the rights of the other undivided co-owners and with the effect of acts regularly entered into during the period of undivided ownership. Failing agreement between the interested parties, the exercise of this right is provisionally regulated by the president of the court. An undivided co-owner who uses or enjoys…

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Article 815-10 of the French Civil Code

Receivables and indemnities which replace undivided property, as well as property acquired, with the consent of all the undivided co-owners, in use or replacement of undivided property, are by operation of law undivided. The fruits and income of undivided property accrue to the undivided co-ownership, in the absence of provisional partition or any other agreement establishing divided enjoyment. No claim relating to the fruits and income shall, however, be admissible…

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Article 815-11 of the French Civil Code

Any undivided co-owner may claim his annual share of the profits, after deduction of the expenses incurred by the acts to which he has consented or which are enforceable against him. In the absence of any other title, the extent of each person’s rights in the undivided co-ownership results from the act of notoriety or the inventory title drawn up by the notary. In the event of a dispute, the…

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Article 815-12 of the French Civil Code

An undivided co-owner who manages one or more undivided assets is liable for the net proceeds of his management. He or she shall be entitled to remuneration for his or her activity under the conditions fixed by amicable agreement or, failing that, by court order.

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Article 815-13 of the French Civil Code

When an undivided co-owner has improved the condition of undivided property at his own expense, he must be taken into account according to equity, having regard to what has increased the value of the property at the time of the partition or alienation. He must likewise be taken into account for the necessary expenditure which he has made out of his personal funds for the conservation of the said property,…

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Article 815-14 of the French Civil Code

An undivided co-owner who intends to transfer, for valuable consideration, all or part of his rights in the undivided property or in one or more of these properties to a person outside the joint ownership is required to notify the other undivided co-owners by extrajudicial act of the price and conditions of the proposed transfer and the name, domicile and profession of the person proposing to acquire. Any undivided co-owner…

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Article 815-15 of the French Civil Code

If all or part of an undivided co-owner’s rights in the undivided property or in one or more of these properties are to be sold by auction, the lawyer or notary must inform the undivided co-owners by notification one month before the date scheduled for the sale. Each undivided co-owner may substitute himself for the purchaser within one month of the auction, by declaration to the registry or the notary….

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Article 815-16 of the French Civil Code

Any transfer or auction carried out in disregard of the provisions of articles 815-14 and 815-15. An action for nullity is barred after five years. It may only be brought by those to whom the notifications were to be made or by their heirs. .

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