القانون المدني باللغه الانجليزيه و اقتراح بالاسهام في مشاركات قانونيه بالغه الانجليز

[•||Medhat Karram||•]

Article 732

The appointment of a receiver, whether by agreement or judicially, must be made with the unanimous consent of all the interested parties. Failing such consent, the receiver will be appointed by the judge.

Article 733

The obligations of the receiver, his rights and powers, are defined in the agreement or in the judgment ordering the deposit. In the absence of such definition, the provisions relating to deposit and to mandate will apply in so far as they do not conflict with the following provisions.

Article 734

A receiver is bound to ensure the preservation and administration of the property entrusted to him with the diligence of a reasonable person.

A receiver may not, either directly or indirectly, appoint one of the interested parties in his place to carry out the whole or part of his mission, without the consent of the other parties.

Article 735

Apart from administrative acts, a receiver must not act without the consent of all interested parties or the authority of the court.

Article 736

A receiver may be remunerated unless he has renounced all remuneration.

Article 737

A receiver must keep regular books of account. The judge may order his books to be stamped by the court.

He is bound to render to the interested parties, at least once each year, an account of the receipts and expenditure with supporting vouchers. If the receiver is appointed by the court, he must also deposit a copy of his account at the court's registry.

Article 738

The deposit comes to an end either by agreement of all the interested parties or by decision of the court.

The receiver must then forthwith restitute the property entrusted to him to the person chosen by the interested parties or designated by the judge.
Section I Gaming and Betting
Article 739

Any agreement relating to a game of chance or a bet is void.

A person who loses in a game of chance or on a bet may, notwithstanding any agreement to the contrary, reclaim what he has paid within three years from the time when he made the payment. He may prove such payment by all available means.

Article 740

Bets between persons taking part personally in sports are excepted from the provisions of the preceding Article. The judge may, nevertheless, reduce the stake if excessive.

Legally authorized lotteries are also excepted. ection II Life Annuities
Article 741

A person may for valuable consideration or gratuitously bind himself to pay another person periodical payments during his lifetime.

This obligation may be created either by contract or by will.

Article 742

A life annuity may be granted for the life of the beneficiary of the grantor or of a third party.
In the absence of an agreement to the contrary, a life annuity is presumed to have been settled for the duration of the beneficiary's life.

Article 743

Subject to the requirements of the law as to the form of contracts for gifts, a contract providing for an annuity is valid only if made in writing.

Article 744

A stipulation in the contract that a life annuity is not attachable is only valid when the life annuity is settled gratuitously.

Article 745

A beneficiary is only entitled to the annuity for the number of days for which the person on whose life the annuity has been settled lives.

When, however, it is provided that the annuity is payable in advance, the beneficiary will be entitled to the installment which has fallen due.

Article 746

If the grantor does not fulfil his obligation, the beneficiary may demand due performance of the contract. He may also, if the contract is for valuable consideration, apply for the resiliation of the contract together with such damages as may be due.
ection II Life Annuities
Article 741

A person may for valuable consideration or gratuitously bind himself to pay another person periodical payments during his lifetime.

This obligation may be created either by contract or by will.

Article 742

A life annuity may be granted for the life of the beneficiary of the grantor or of a third party.
In the absence of an agreement to the contrary, a life annuity is presumed to have been settled for the duration of the beneficiary's life.

Article 743

Subject to the requirements of the law as to the form of contracts for gifts, a contract providing for an annuity is valid only if made in writing.

Article 744

A stipulation in the contract that a life annuity is not attachable is only valid when the life annuity is settled gratuitously.

Article 745

A beneficiary is only entitled to the annuity for the number of days for which the person on whose life the annuity has been settled lives.

When, however, it is provided that the annuity is payable in advance, the beneficiary will be entitled to the installment which has fallen due.

Article 746

If the grantor does not fulfil his obligation, the beneficiary may demand due performance of the contract. He may also, if the contract is for valuable consideration, apply for the resiliation of the contract together with such damages as may be due.
Section I The Elements of Suretyship
Article 772

Suretyship is a contract whereby a person guarantees the performance of an obligation by giving an undertaking to the creditors to fulfil such obligation should the debtor fail to do so.

Article 773

Suretyship can only be established by writing, even if the principal obligation can be established by oral evidence.

Article 774

When a debtor undertakes to offer a surety, he is bound to produce a solvent person residing in Egypt or an adequate real security instead of the surety.

Article 775

Suretyship may be given without the knowledge and even in spite of the opposition of the debtor.

Article 776

Suretyship is valid only if the obligation to which it applies is valid.

Article 777

When a person guarantees the obligation of a debtor who is legally incapable and such guarantee is given because of the debtor's lack of capacity, the surety is bound to perform the obligation if the guaranteed debtor fails to do so himself.

Article 778

Suretyship may be entered into in respect of a future debt, if the amount for which the guarantee is given is fixed beforehand. Suretyship may also be entered into in respect of a conditional liability.

A surety, however, who has given his guarantee for a future debt, but has not fixed the duration of such guarantee, may revoke his guarantee at any time provided that the guaranteed debt has not been created.

Article 779

Suretyship entered into in respect of a commercial debt is deemed to be a civil act, even if the surety is a trader.

The suretyship resulting from backers' signatures and endorsements on negotiable instruments, is always deemed to be a commercial act.

Article 780

Suretyship cannot be entered into in respect of a sum greater than that due by the debtor, nor can it be subject to more onerous conditions than the debt guaranteed.

Suretyship may be entered into in respect of a smaller sum and subject to less onerous conditions.

Article 781

In the absence of an express agreement, suretyship extends to the accessories of the debt, to the expenses of the first demand for payment and to the expenses incurred after notice has been given to the surety.
Section II The Effects of Suretyship
1. The Relationship between the Surety and the Creditor

Article 782

A surety is discharged simultaneously with the debtor, and is entitled to avail himself of all the defenses that are open to the debtor.

When, however, the defense raised by the debtor is ****d on his lack of legal capacity, the surety who was cognizant thereof at the time the contract was entered into is not entitled to raise this defense.

Article 783

When the creditor has accepted a thing of another kind in payment of the debt, the surety is discharged, even if the thing given in payment is revendicated.

Article 784

A surety is discharged to the extent of the value of any warranties which the creditor has lost by his own fault.

The warranties referred to in this Article are the securities assigned to guarantee the debt, even if they were provided after the suretyship was entered into; also any securities provided in accordance with the law.

Article 785

A surety is not discharged merely by reason of the creditor's delay in taking proceedings or of the creditor not taking proceedings.

A surety is, however, discharged if the creditor does not take proceedings against the debtor within six months from the date of the summons served on him by the surety, unless the debtor himself provides an adequate guarantee to the surety.

Article 786

When a debtor becomes bankrupt, the creditor is bound to prove his debt in the bankruptcy, under penalty of being deprived of his remedy against the surety to the extent of the loss suffered by the surety as a result of the creditor's failure to prove his debt.

Article 787

A creditor is bound to hand over to the surety, at the time of the discharge of the debt, all ********************************s that are necessary to enable him to exercise his right of action.

When the debt is secured by a pledge of a movable or by a right of retention on a movable, the creditor must surrender such securities to the surety.

When, however, the debt is secured by a charge on an immovable property, the creditor must comply with the formalities required for the transfer of such security. The expenses of such transfer are borne by the surety, subject to his right of action against the debtor.

Article 788

A creditor has not the right to take proceedings against the surety alone, unless he has first taken proceedings against the debtor.

He can only levy execution on the property of the surety after he has distrained all the property of the debtor; it is for the surety, in such a case, to claim this right.

Article 789

When a surety demands that the debtor's property shall first be distrained, he must at his own expense indicate to the creditor property of the debtor sufficient to satisfy the whole debt.

Property so indicated by the surety will not be taken into account if it is situated outside Egyptian territory, or if it is the subject of a dispute.

Article 790

When the surety has indicated property belonging to the debtor, the creditor will be responsible to the surety for the debtor's insolvency if the creditor fails to take the necessary proceedings in due time.

Article 791

When a real security is assigned either by law or by agreement as guarantee of a debt, and suretyship is also entered into subsequently or at the same time, without a stipulation that the surety is jointly and severally liable with the debtor, the surety's property can only be seized and sold after the real security assigned as guarantee has been realized.

Article 792

When there are several sureties for the same debt by one contract and it does not provide for their joint and several liability, the debt is apportioned between them and the creditor has only a right of action against each of the sureties to the extent of his share in the suretyship.

If several sureties have undertaken to guarantee the same debt by successive contracts, each surety is liable for the whole debt, unless he has reserved the right to apportion the liability amongst the co-sureties.

Article 793

A surety who has jointly and severally guaranteed the debtor cannot demand that the debtor's property first be distrained.

Article 794

A surety who has jointly and severally guaranteed the debtor may avail himself of all defenses which a surety who is not jointly and severally liable may invoke with regard to the debt.

Article 795

Judicial and legal sureties are always jointly and severally liable.

Article 796

When there are several sureties jointly and severally liable, a surety who has paid the whole debt on maturity may call upon each of the other sureties to pay his share of the debt as well as a proportional part in the share of any joint and several surety who is insolvent.

Article 797

A surety may be guaranteed by another surety. In such a case, the creditor may not call upon the principal surety's guarantee until he has taken action against the principal surety, unless the two sureties are themselves jointly and severally liable.

2. The Relationship between the Surety and the Debtor

Article 798

A surety must give the debtor notice before paying, on pain of forfeiture of his right of action against the debtor, if the latter has himself paid the debt or has grounds, at the date of maturity, for having the debt declared void or extinguished.

If the debtor does not object to the payment, the surety retains his right of action against him, even though the debtor had himself paid the debt or had grounds for having the debt declared void or extinguished.

Article 799

A surety who has paid the debt is subrogated to all the rights of the creditor against the debtor; if however, he pays only part of the debt, the surety can only exercise such rights in respect of that part he has paid after the creditor has recovered from the debtor the whole of the debt due.

Article 800

A surety who has paid the debt has a right of action against the debtor whether the suretyship was entered into with or without the knowledge of the debtor.

This right of action includes the right to claim the capital amount of the debt, interest and expenses. The surety, however, only has a right of action in respect of those expenses which he has incurred from the date he has notified the principal debtor of the proceedings taken against him.

A surety is entitled to interest at the legal rate on all amounts that he has paid from the date of payment.

Article 801

When there are several debtors jointly and severally liable for one and the same debt, a surety who has guaranteed them all, has a remedy against each of them for all that he has paid in respect of
Chapter I The Right of Ownership Section I The Right of Ownership in General
1. Limits and Sanctions

Article 802

The owner of a thing has alone, within the limits of the law, the right to use, enjoy and dispose of it.

Article 803

The owner of a thing also owns everything that constitutes an essential element of the thing owned and which cannot be separated therefrom without the thing owned perishing, deteriorating or changing.

The ownership of land includes that which is above and below, as far as it can be usefully enjoyed in height and depth.

The ownership of the surface of the land may, by law or by agreement, be separated from that which is above it and that which is below it.

Article 804

In the absence of a provision of the law or of an agreement to the contrary, ownership carries with it the right to all fruits, products and accessories of the thing owned.

Article 805

No one can be deprived of his property except in the cases and in the manner provided for by law and upon payment of fair compensation.

2. Restrictions on the Right of Ownership

Article 806

An owner must, in the exercise of his rights, comply with the laws, decrees and regulations having for their object the interests of the public and of individuals. He must also observe the following provisions.

Article 807

The owner must not exercise his rights in an excessive manner detrimental to his neighbor's property.

The neighbor has no right of action against his neighbor for the usual unavoidable inconveniences resulting from neighborhood, but he may claim the suppression of such inconveniences if they exceed the usual limits, taking into consideration in this connection custom, the nature of the properties, their respective situations and the use for which they are intended. A license issued by a competent authority is not a bar to the exercise of such a right of action.

Article 808

A person who constructs a private canal or drain in conformity with the regulations in force has the exclusive right to its use.

Neighboring owners may, however, use the canal or drain for the irrigation or the drainage required for their land after the owner of the canal or of the drain has used it to the satisfaction of his own needs. The neighboring owners must, in such a case, contribute to the cost of construction and of maintenance of the canal or drain, each in proportion to the area of land benefiting thereby.

Article 809

An owner must allow a passage through his land of the water necessary for the irrigation of land situate at a distance from the source of the water and of drainage water coming from neighboring properties, so that it may flow into the nearest public drain, provided that he is adequately compensated.

Article 810

When damage is caused to land by a canal or drain which crosses it, either by reason of failure to clear the drain or by reason of the bad state of its banks, the owner of the land has the right to claim adequate compensation for the damage done.

Article 811

In the absence of an agreement between the common users of a canal or a drain as to the execution of the necessary repairs, they may, upon the demand of one of them, be compelled to contribute to the cost of such repairs.

Article 812

An owner whose land is cut off from, or has no adequate exit on to, a public road, shall, if he cannot obtain an exit to the public road without great expense or great difficulty, have a right of way over the neighboring land as may be necessary for the normal working and use of his land and as long as his land continues to be so cut off, subject to payment of fair compensation. This right of way must be exercised over land and at the place where the passage causes the least possible damage.

If the land is cut off from the public road as a result of the property having been divided in consequence of a legal disposition, and it is possible to provide an adequate right of way over parts of the land so divided, the right of way can be claimed only over those parts.

Article 813

Every owner has the right to compel his neighbor to place boundary marks along the boundaries of their adjoining properties.

The cost of such delimitation will be shared between them.

Article 814

An owner of a party wall has the right to make use of it for the purpose for which it was intended and to use it for the support of beams to carry his own roof, provided that the wall has not to support too great a weight for its strength.

When a party wall becomes unfit for the purpose for which it is normally intended, the cost of repairs or reconstruction will be borne by the co-proprietors in proportion to their respective shares.

Article 815

An owner may, if he has good reason to do so, heighten a party wall, provided that he does not thereby cause serious prejudice to his co-owner. He alone must bear the cost of heightening as well as of the maintenance of the part so heightened and carry out the necessary work, so that the wall may support the extra weight due to the heightening without its strength being diminished.

If the party wall is not able to support the heightening, the co-owner who desires to heighten the wall must reconstruct the wall entirely at his own cost, in such a way as the thickening shall, as far as possible, abut on his side. The reconstructed wall remains, apart from the heightened parts, a party wall, but the neighbor who has re-heightened the wall cannot claim any compensation whatever.

Article 816

A neighbor who has not contributed to the expenses of heightening may become a co-proprietor of the heightened part if he pays half the cost thereof and the value of half of the ground covered by the increased thickness, if any.

Article 817

In the absence of proof to the contrary, a wall which at the time of its construction separated two buildings is deemed to be a party wall up to the point at which it ceases to be a common wall to the two buildings.

Article 818

An owner cannot compel his neighbors to walk in his property or to assign to him part of a wall or of the land on which the wall is constructed, except in a case provided for in Article 816.

An owner of a wall may not, however, demolish the wall on his own initiative if the demolition injures his neighbor whose property is closed in by it, unless he has good reason for so doing.

Article 819

A neighbor is not entitled to have a direct view over his neighbor at a distance of less than one meter. This distance is measured from the outside face of the wall in which the opening is made or from the outside line of the balcony or other projection.

If a direct view has been acquired by pre************************ion of a distance of less than one meter over the property of a neighbor, such neighbor cannot himself build at a distance of less than one meter, measured in the manner indicated above, along the whole length of the building in which the view was opened.

Article 820

A neighbor is not entitled to have an oblique view over the property of his neighbor at a distance less than fifty centimeters from the outside edge of the opening. The prohibition ceases to have effect if the oblique view over the neighboring property is at the same time a direct view over a public road.

Article 821

No distance is laid down for an opening for a light shaft if the **** of the opening is above the limit of the normal height of a man and if the opening is intended only for air and light and cannot give a view over the neighboring property.

Article 822

Factories, wells, steam engines and establishments injurious to neighbors must be constructed at the distance and subject to conditions laid down by regulations.

Article 823

If a contract or a will contains a clause stipulating the inalienability of a property, such a clause will only be valid if ****d on a legitimate reason and limited to a reasonable duration.

The reason is deemed to be legitimate if the inalienability is stipulated with a view to protecting a lawful interest of the person disposing of the property or of the person in whose favor the property is disposed of, or of a third party.

A reasonable duration may extend for the life of the person disposing of, or the person in whose favor the property is disposed of, or of a third party.

Article 824

When the clause as to inalienability in the contract or in the will is valid in accordance with the provisions of the preceding article, any alienation contrary to such a clause is void.

3. Joint Ownership

Provisions Relating to Joint Ownership

Article 825

When two or more persons are owners of the same thing, but their respective shares are not divided, they are co-owners and, in the absence of proof to the contrary, their shares are deemed to be equal.

Article 826

Every co-owner in common is the absolute owner of his share. He may alienate his share and collect the fruits thereof and make use of his share provided he does not injure the rights of the other co-owners.

If, however, the alienation relates to a specific part in the property held in common, and such part does not come within the share of the settler when a partition is made, the right of the acquirer is transferred to the part that has devolved on the settler as a result of the partition with effect from the moment of the alienation. If the acquirer did not know that the settler was not the owner of the specific part of property which he has alienated, he shall have the right to demand the cancellation of the alienation.

Article 827

In the absence of an agreement to the contrary, the management of a property held in common belongs jointly to all the owners in common.

Article 828

A decision taken by the majority of the co-owners as to ordinary acts of management is binding on all of them. The majority shall be calculated on the basis of the value of their shares. Failing a majority, the Court may, upon the application of any one of the co-owners, take such measures as may be necessary in the circumstances and appoint, if needs be, a manager to manage the property owned in common.

The majority may select a manager and may also establish rules for the management and fuller enjoyment of the property owned in common, which rules shall also be binding upon the successors in title of all the co-owners whether such successors in title are universal or particular.

A co-owner who conducts the management of the joint property, without any objection being raised by the other co-owners, is considered to be their mandatory.

Article 829

Co-owners who possess at least three quarters of the property in common may decide, with a view to obtaining greater enjoyment of the property, to make essential modifications or changes, in the use for which the property was intended, which exceed the normal scope of management, provided that these decisions are notified to the other co-owners. Dissenting co-owners have a right of action in the Courts within two months from the date of notification.

The Court before which such an action is brought may, if it approves the decision taken by the majority, also order measures of expediency. The Court may, in particular, order that security be given to the dissenting co-owners so as to guarantee any compensation that may become due to him.

Article 830

Every co-owner may also, even without the consent of the other co-owners, take measures necessary for the preservation of the property in common.

Article 831

In the absence of any provision to the contrary, the cost of the management of a property held in common, as well as the cost of its preservation, the taxes payable thereon, and all other charges resulting from the common holding or connected with the property held in common, shall be borne by all the co-owners each proportionally to his share.

Article 832

Co-owners who possess three-quarters at least of the property held in common may decide to alienate the property, provided that their decision is founded on serious grounds and that the decision is notified to the other co-owners. A dissenting co-owner has a right of action before the court within a delay of two months from the date of notification. The court will decide, in accordance with the circumstances, in a case where the partition of the property held in common is contrary to the interests of the co-owners, whether the alienation of the property should be carried out.

Article 833

A co-owner of a movable or of a property consisting of movables and immovables may, before partition, repurchase any undivided share which has been sold by another co-owner to a third person. Such repurchase must be made within a delay of thirty days from the day on which he had knowledge of the sale or from the day on which the sale was notified to him. The right of repurchase is exercised by means of a summons notified to both the vendor and the purchaser. The co-owner who has repurchased the share sold will be subrogated into all the rights and obligations of the purchaser if he compensates him for all that he has spent.

If several co-owners exercise their right to repurchase, each of them shall have the right to repurchase a part proportional to his share.

The Cessation of Joint Ownership by Partition

Article 834

Every co-owner may demand the partition of property held in common, unless he is bound to remain a co-owner in common by reason of a provision of the law or of an agreement. It is not permitted, by agreement, to prohibit partition for a period exceeding five years. When the period stipulated does not exceed five years, the agreement shall bind a co-owner and his successors in title.

Article 835

Co-owners may, if they are all in agreement, divide the property held in common in whatever manner they deem fit. If one of them is subject to legal incapacity, the formalities laid down by law will have to be observed.

Article 836

If co-owners are not in agreement as regards the partition of the property held in common, the co-owner who wishes to withdraw from the joint ownership shall summon his co-owners to appear before the Summary Court.

The court shall delegate, if need be, one or more experts to proceed with the valuation of the property held in common and to divide it into separate parts if the property can be divided into separate parts in kind without materially decreasing its value.

Article 837

The expert will proceed with the composition of the separate parts by taking as a basis the smallest share, even where the partition is only a partial one. If the partition cannot be effected in this manner, the expert may proceed directly to allot a separate part to each co-owner.

If one of the co-owners cannot obtain all his share in kind, he shall be compensated by a payment equal to the shortage in his share.

Article 838

The Summary Court will decide upon any disputes relating to the composition of the separate parts and any other disputes coming within its competence.

In the case of disputes which the Summary Court has not competence to settle, the court will refer the parties to the Court of First Instance and will fix a date at which they must appear. The proceedings for partition will be held up until such disputes have been finally settled.

Article 839

Upon the disputes being disposed of and the separate lots allocated directly, the Summary Court will give judgment allocating to each owner the divided part which devolves on him.

If there has been no direct allotment of the separate lots, the partition of the property will be effected by drawing lots. The court will draw up a proces-verbal thereof and give judgment allocating to each co-owner his divided part.

Article 840

If one of the co-owners is absent or under legal incapacity a judgment of partition which has become final will be ratified by the court in accordance with the provisions of law.


Article 841

When a property cannot be divided in kind or when such partition involves a serious diminution in the value of the property it shall be sold in the manner laid down by the Code of Procedure. Sale by auction will be restricted to the co-owners in common if they ask for it unanimously.

Article 842

The personal creditors of any co-owner may oppose a partition in kind or a sale by auction without their intervention in the proceedings. Such opposition must be notified to all co-owners and has the effect of compelling the co-owners to join the opposing creditors in every stage of the proceedings: otherwise the partition will be without effect as regards such opposing creditors. In any case, inscribed creditors must be joined before an action for partition is introduced.

If the partition has already taken place, the creditors who have not intervened cannot attack it unless there has been fraud.

Article 843

Each co-partitioner is deemed to have been owner of the part of the property that falls to him from the day that he became co-owner in common and never to have been owner of the other parts.

Article 844

The co-partitioners warrant each other against interference or eviction due to a cause that existed previous to the partition. Each one of them is liable, in proportion to his share, to indemnify a co-partitioner entitled to such indemnity, on the basis of the value of the property at the moment of partition. If one of the co-partitioners happens to be insolvent, the share falling on him will be borne by the co-partitioner entitled to the indemnity and all the solvent co-partitioners.

No such warranty, however, exists when there is an express agreement waiving the warranty in the particular case which would have given rise to the warranty. The warranty also ceases to be binding if the eviction is due to a fault of the co-partitioner himself.

Article 845

Partition by agreement may be rescinded if one of the co-partitioners succeeds in proving that he has been injured to the extent of more than one fifth of his share, on the basis of the value of the property at the time of the partition.

The action for rescission must be commenced within the year following the partition. The defendant can stop the action and prevent the new partition, by giving the plaintiff the amount by which his share is short in money or in kind.

Article 846

By a provisional partition, co-owners agree to allot to each other the enjoyment of a divided part of the property equal to each of their shares in the property held in common in consideration of a renunciation in favor of each other of the right of enjoyment of the other parts. Such an agreement cannot be entered into for a duration of more than five years. If no duration has been fixed, or the agreed period has expired, and no new agreement has been entered into, the period of the provisional partition will be for a year renewable, unless one of the co-owners gives notice of termination to his co-owners three months before the end of the current year.

If such a provisional partition remains in force for fifteen years it is converted into a final partition, unless otherwise agreed by the co-owners. If one of the co-owners remains in possession of a divided share for fifteen years, such possession is presumed to have taken place as a result of a provisional partition.

Article 847

A provisional partition also takes place when the co-owners agree that each of them shall, the one after the other, enjoy all the property held in common for a period corresponding to his share.

Article 848

A provisional partition is governed, as regards its validity as against third parties, the capacity of co-partitioners, their rights and obligations, and means of proof, by the provisions of the law relating to contracts of lease, in so far as they are not incompatible with the nature of such a partition.

Article 849

The co-owners may agree, during the process of a final partition, to enter into a provisional partition. Such provisional partition will remain in force until the conclusion of the final partition.

If the co-owners cannot reach an agreement for a provisional partition, such a partition may, upon the application of one of the co-owners, be ordered by the Summary Judge upon the advice, if necessary, of an expert.

Obligatory Joint Ownership

Article 850

The co-owners of a property held in common cannot demand its partition if it follows, from the use to which the property is intended, that it should always remain in common.

Family Joint Ownership

Article 851

The members of the same family who have a common occupation or interest may agree in writing to create a family joint ownership. This joint ownership consists either of an inheritance which the members of a family agree to leave wholly or partly in joint ownership or of any other property belonging to them which they agree to place in family joint ownership.

Article 852

A family joint ownership may be created by agreement for a period not exceeding fifteen years. Each one of the co-owners may, however, if there are serious grounds to do so, apply to the court for authority to withdraw his share of the joint property before the end of the agreed term.

When no period is fixed for such joint ownership, each one of the co-owners may withdraw his share after six months from the day he gives notice to this effect to the other co-owners.

Article 853

Co-owners cannot demand partition so long as the family joint ownership continues, and no co-owner can dispose of his share in favor of a person who is not a member of the family without the consent of all the co-owners.

If a person who is not a member of the family acquires, as a result of a voluntary or forced alienation, the share of one of the co-owners, he only becomes a partner in the family joint ownership if he and the other co-owners consent thereto.

Article 854

Co-owners who own the majority in value of the shares, may appoint amongst themselves one or more managers. Subject to any agreement to the contrary, the manager may introduce such changes in the intended use of the property held in common as may ensure a better enjoyment of the property.

A manager may be discharged in the same manner as he was appointed, notwithstanding any agreement to the contrary. The court may also, upon the demand of any owner, discharge him if there are serious grounds to do so.