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Article 492

RA 386 · Civil Code of the PhilippinesKey provision

ELI5— what this means for you

For the administration and better enjoyment of the thing owned in common, the resolutions of the majority of the co-owners shall be binding.

Official text — RA 386

For the administration and better enjoyment of the thing owned in common, the resolutions of the majority of the co-owners shall be binding.

There shall be no majority unless the resolution is approved by the co-owners who represent the controlling interest in the object of the co-ownership.

Should there be no majority, or should the resolution of the majority be seriously prejudicial to those interested in the property owned in common, the court, at the instance of an interested party, shall order such measures as it may deem proper, including the appointment of an administrator.

Whenever a part of the thing belongs exclusively to one of the co-owners, and the remainder is owned in common, the preceding provision shall apply only to the part owned in common. (398)

Source: lawphil.net (RA 386 as amended)

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