ARTICLE 484

 

DEFINITION:

(1)    As a manifestation of ownership, co-ownership is that form of ownership which exists whenever an undivided thing or right belongs to different persons. It is one aspect of ownership.

(2)    As a right, it has been defined as the right of common dominion which two or more persons have in a spiritual or ideal part of a thing which is not materially or physically divided.

REQUISITES OF CO-OWNERSHIP

(1)    There must be a plurality of owners

(2)    The object of ownership must be a thing or right which is undivided

(3)    Each co-owner’s right must be limited only to his ideal share of the physical whole

CHARACTERISTICS OF CO-OWNERSHIP

(1)    There are 2 or more co-owners

(2)    There is a single object which is not materially or physically divided and over which and his ideal share of the whole, each co-owner exercises ownership, together with the other co-owners;

(3)    There is no mutual representation by the co-owners;

(4)    It exists for the common enjoyment of the co-owners;

(5)    It has no distinct legal personality;

(6)    It is governed first of all by the contract of the parties; otherwise, by special legal provisions, and in default of such provisions, by the provisions of Title III on Co-ownership.

SOURCES OF CO-OWNERSHIP

(a)    By law

(b)   By contract

(c)    By chance

(d)   By occupation or occupancy

(e)   By succession or will

KINDS OF CO-OWNERSHIP

(a)    From the viewpoint of subject matter:

1.       Co-ownership of an undivided thing

2.       Co-ownership of an undivided right

(b)   From the viewpoint of source:

1.       Contractual co-ownership

2.       Non-contractual co-ownership

(c)    From the viewpoint of the rights of the co-owners:

1.       Tenancy in common

2.       Joint tenancy

 

CO-OWNERSHIP DISTINGISHED FROM JOINT OWNERSHIP

	OWNERSHIP IN COMMON / TENANCY IN COMMON	JOINT OWNERSHIP / JOINT TENANCY
Ownership of share	involves a physical whole BUT there is an IDEAL (abstract) division; each co-owner being the owner of his own ideal share	also involves a physical whole BUT there is no IDEAL (abstract) division; each and ALL of them own the WHOLE thing
Disposition of shares	Each co-owner may dispose of his ideal or undivided share (without boundaries) WITHOUT the other’s consent	Each co-owner may not dispose of his own share without the consent of ALL the rest, because he really has NO IDEAL share.
Effect of death	If a co-owner dies, his share goes to his own heirs.	If a joint-tenant dies, his share goes by accretion to the other joint-tenants by virtue of their survivorship or jus accrecendi
Legal disability or incapacity	If a co-owner is a minor, this does not benefit the others for the purpose of prescription, and prescription therefore runs against them.	If one joint-tenant is under a legal disability (like minority), this benefits the other against whom prescription will not run.

 

 

CO-OWNERSHIP DISTINGUISHED FROM PARTNERSHIP

	CO-OWNERSHIP	PARTNERSHIP
Creation	may be created without the formalities of a contract	GR: can be created only by contract, express or implied XPN: conjudal partnership
Personality	has no juridical or legal personality	Has juridical personality distinct from partners
Purpose	the purpose is the collective enjoyment of the thing (or right)	To obtain profits
Disposal of share	A co-owner can dispose of his share without the consent of the others with the transferee automatically becoming a co-owner	A partner, unless authorized, cannot do so and substitute another as a partner in his place
Mutual agency	there is generally no mutual representation	a partner can generally bind the partnership
Distribution of profits	the distribution of profits must be proportional to the respective interests of the co-owners	the distribution of profits is subject to the stipulation of the partners
Effect of death or incapacity	Not dissolved by the death or incapacity of a co-owner	Death or incapacity of a partners of a co-owner
Duration	an agreement to keep the thing undivided for a period of more than ten years (although it may be extended by a new agreement) is void	there may be agreement as to any definite term without limit set by law.

 

CO-OWNERSHIP DISTINGUISHED FROM CONJUGAL PARTNERSHIP

CO-OWNERSHIP	CONJUGAL PARTNERSHIP
May arise by an ordinary contract	Arises only because of the marriage contract
Sex of the co-owners is immaterial	One must be a male, the other a female
Co-owners may be 2 or more	Conjugal owners are always only 2
Profits are proportional to respective interests	Profits are generally 50-50 unless a contrary stipulation is in the MS
Death of one does not dissolve the co-ownership	Death of either husband or wife dissolves the conjugal partnership
Generally all the co-owners administer	Generally, the husband is the administrator
Co-ownership is discouraged by law	Encouraged by law to provide for better family solidarity

 

CO-OWNERSHIP DISTINGUISHED FROM EASEMENT

CO-OWNERSHIP	EASEMENT
There is in each co-owner aright of dominion over the whole property and over his undivided share	A limitation on the right of dominion
The right of ownership rests solely on each and every co-owner over a single object	The right of dominion is in favour of one or more persons and over two or more different things