Linggo, Oktubre 9, 2011

Article 491

Article 491
None of the co-owners shall, without the consent of the others, make alterations in the thing owned in common, even though benefits for all would result therefrom. However, if the withholding of the consent by one or more of the co-owners is clearly prejudicial to the common interest, the courts may afford adequate relief.
This article deals with alternation(whether or not common benefits would result) An alteration  is a changes(the use of the thing;and which prejudices the condition of the thing or its enjoyment by the others. Example of alterations sale, donation, or mortgage etc. of the whole property. Thus if the entire property is sold without the consent of some of the co-owners, the sale would not be not be valid except with respect to the share of co-owner seller and this is true even if the non- consenting co-owners did not do anything immediate to oust the buyer sale donation or mortgage etc. of a part of the property but with definite boundaries.(The sale is not void;now ever, it is subject to the result of the subsequent partition.

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