Huwebes, Oktubre 13, 2011

Article 488


Art. 488. Each co-owner shall have a right to compel the other co-owners to contribute to the expenses of preservation of the thing or right owned in common and to the taxes. Any one of the latter may exempt himself from this obligation by renouncing so much of his undivided interest as may be equivalent to his share of the expenses and taxes. No such waiver shall be made if it is prejudicial to the co-ownership. (395a)

A co-owner has the right to compel the others to share in the expenses of preservation, even if, incurred without prior notification to them (since the expenses are necessary)But he must notify if practicable.A co owner must exempt himself  from this duty to reimburse by renouncing so much undivided shares as maybe equivalent to his share of expenses and taxes.The one renouncing does not necessarily renounce his entire interest in the co0ownership further that the renouncing  cannot be one if the co-ownership will be prejudiced. If the renouncing is in favor of the creditor the creditor must give his consent where a debtor  gives something else in payment of his debt.If the renouncing is in favor of the  other co-owners, a novation (in the form of substitution of debtor) would result necessitating the consent of said other co-owners and the creditor.The creditor consent would of course be needed  only if the expense have already been incurred, otherwise as yet be no creditors.

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