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 set by the judicial authorisation may be set up against the undivided co-owner whose consent was lacking.