The joint possession is a legal concept related to the concept of Propriété. A good is known as undivided when it belongs to a whole of people, without one being able to divide it into batches between them, nor which they can sell their shares without the agreement of the others. Another definition is also possible: the joint possession is the contest of several rights of comparable nature on the same good without it having material division of the shares.
Legal joint possession
born: - of a succession, - of a donation, - of an act of acquisition under the terms of which the purchasers voluntarily subject themselves to the mode of the joint possession, - or of the winding-up of a company.
Rules of majority
Acts of conservation: each indivisaire can only carry out it. Acts of administration: regulate of the 2/3. Acts of provision: regulate unanimity. More infos (to supplement wikipedia while basing itself on): http://www.agf.fr/pmt/guide/Succession.STANDARD/TRA67.html
Exit of a indivi of the joint possession
The only means of dissolving a joint possession is to sell the good of a common agreement, then to be distributed the amount of the sale. In France, according to the French civilian (article 815), " No one cannot be constrained to remain in the indivision." The division can be always caused, unless it was not deferment by judgment there or convention the court can sursoir (2 years maximum) with the division if its realization is likely to attack the value of the good (L. n°78-627 of the 12/31/73) or if one of the indivisaires cannot be installed on a farm dependant on the succession before this time.”. If a indivisaire does not want to remain in the joint possession, the court can allot its share to that which required it: if it is easily detachable in kind or out of money, if attribution in kind cannot be easily made, silver paid by the others coindivisaires which expressed the preference of it, their shares in the joint possession are increased in proportion of the contributions. In the event of transfer subject to payment of undivided rights to a foreign person, the coindivisaires can preempt by way of usher!
Article 815 Civil code " No one cannot be constrained to remain in the joint possession and the division can always be provoqué"
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