Book III: Different ways of acquiring property

If one of the undivided co-owners is unable to express his will, another may be empowered by the court to represent him, generally or for certain specific acts, the conditions and extent of such representation being determined by the judge. In the absence of legal authority, mandate or empowerment by the court, acts performed by one undivided co-owner in representation of another have effect with regard to the latter, according…

An undivided co-owner may be authorised by a court to carry out alone an act for which the consent of a co-undivided co-owner would be required, if the latter’s refusal jeopardises the common interest. The judge may not, at the request of a bare owner, order the sale of the full ownership of a property encumbered by usufruct against the will of the usufructuary. A deed executed under the conditions…

Except in the event of dismemberment of ownership of the property or if one of the joint owners is in one of the cases provided for in article 836, the alienation of undivided property may be authorised by the court, at the request of one or more undivided co-owners holding at least two-thirds of the undivided rights, in accordance with the terms and conditions set out in the following paragraphs….

The President of the Judicial Court may prescribe or authorise any urgent measures required by the common interest. He may, in particular, authorise an undivided co-owner to collect from the debtors of the undivided co-ownership or from the depositories of undivided funds a provision intended to meet urgent needs, prescribing, if necessary, the conditions of use. This authorisation does not entail the surviving spouse or heir taking on any capacity….

The president of the court may also prohibit the removal of tangible movables except to specify those whose personal use he assigns to one or other of the beneficiaries, on condition that they give security if he deems it necessary.

In Guadeloupe, French Guiana, Martinique, Réunion and Saint-Martin, when an undivided property for residential use or for mixed residential and professional use is vacant or has not been effectively occupied for more than two calendar years, an undivided co-owner may be authorised by the courts, under the conditions set out in the articles 813-1 to 813-9, to carry out works to improve, rehabilitate and restore the property as well as…