The auction DIVISION COMMON THING are usually caused by a co-owner who wishes to obtain a higher price than other co-owners can or are willing to give on their part ( Article 400 Civil Cod ). However only force the sale of the property after the division if it proves unusable ( Art. 401 C. Civil )
The conditions for the auction of the property-owners that agreed ( Art. 2049 1881 LEC ), even though the bidders may accept the auction bids as and when amending certain conditions ( Art. 2051 1881 LEC ), will then hand who promoted the file to accept such changes before the third day.
Art 397 to 406 of the Civil Code (see full Civil Code)
Article 397.
None of the joint owners may, without consent of the other, make alterations in common, although they could be advantages for everyone.
Article 398.
For the administration and better enjoyment of the common thing agreements are mandatory in most of the participants.
There will be no majority but where the agreement is taken by the members who represent the greatest amount of interest that are the subject of the community.
Most if not lead, or the approval of this was seriously detrimental to the interest in common, the court shall provide, at the request of a party, as appropriate, including appointing an administrator.
Where part of the strength belongs thing privately to a participant or some of them, and other courts, it applies only to the previous provision.
Article 399.
Any co-owner will have full ownership of his hand and the fruits and utilities that are appropriate and may in consequence alienate, assign or mortgage it and even substitute another in its use, except in the case of personal rights. But the effect of the alienation or mortgage regarding the co-owners is limited to the portion awarded to the division upon leaving the community.
No co-owner is obliged to remain in the community. Each of them may at any time to split the common thing.
This however, shall the covenant to keep the thing undivided by time, which shall not exceed ten years. This period may be extended for a new convention.
Notwithstanding the provisions of the preceding article, the co-owners may require the division of the common thing, when it proves useless for the purpose for which it is intended.
In the case of a building whose characteristics allow, at the request of any of the villagers, the division may be made by the award of local apartments or independent, with common elements which are annexed, as provided by Article 396.
Para. 2 ° added by Art. 1 of Law 49/1960, of July 21 (RCL 1960, 1042).
Article 402.
The division of the common thing can be done by interested parties or arbitrators or conciliators appointed at the discretion of unitholders.
For verified by arbitrators or conciliators, should be proportional to the right parts of each, avoiding as far as possible the cash supplements.
Article 403.
The creditors or assignees of members may attend the division of the common thing and oppose to verify without them. But they can not challenge the division accomplished, except in cases of fraud, or has been verified yet filed formal opposition to prevent it, and always without the rights of the debtor or assignor to sustain its validity.
Article 404.
When the thing be essentially indivisible and the co-owners fail to agree on which one of them awarded compensation to the other, will be sold and distributed its price.
Article 405.
The division of a common thing will not harm third, which will retain the rights of mortgage, servitude or other real rights owned by him prior to the partition. Also retain their strength, notwithstanding the division, personal rights belonging to a third party against the community.
Article 406.
Shall apply to the division among the members of the community the rules concerning the division of inheritance.
2048-2055 Art of the LEC not been repealed in 1881 (see Civil Procedure Act 1881 in full)
PART XIII
COURT OF VOLUNTARY AUCTIONS
2048. He who requested the holding of a judicial auction must show, displaying the appropriate documents in order:
1. Who has legal capacity to enter into proposed contract.
2. That may have the thing or object in the way that attempts by the auction.
2049. With the written statement calling for the conclusion of the auction will present the specification under which it has held.
2050. Attests referred to in Article 2048, the judge will enter the auction listing, in the manner and under the conditions which intends to have requested, indicate date and time for it; send edicts that set in customary places and the people in the estates to file or has executed the contract and to be published in newspapers which had appointed the petitioner.
The edicts were expressed that the specification and the title is reflected by the Clerk for the instruction of those who want to take an interest in the auction.
2051. Should such a proposal acceptable, it complied with the conditions set out in the statement, the Judge accepted, as also that after this is done to improve posture.
Once the ceremony, awarded the auction for the sole or highest bidder, unless you request the auction has expressly reserved the right to approve, in which case we will ask to view the file at the end of third day ask what of interest.
The same communication shall be given in the event that a bidder's offer is made to accept the finish modifying one of the conditions.
2052. Accepting that promoted the record the statement referred to the second paragraph of the preceding article shall issue an order taking by the auction held for the author of the proposition, and will be sent to take effect.
In the case of not to accept it manifest whether to approve the auction or would like to hold new auction under the same conditions, or fix it deems appropriate, or desist from his purpose.
2053. When new auction to be held will prevent the ads that are necessarily eligible positions that are always made to cover the minimum time has affixed which has encouraged.
2054. If the second auction bidder has not, the applicant shall be free to do whatever it deems most appropriate, but may not be accessed until the third auction within a year, after which they may request to instruct new record with the same object.
2055. The issues that may arise during the auction shall be conducted by the procedures established for the incident.
