Chapter 16. COMMON OWNERSHIP

Article 244. Concept and Grounds for Arising of Common Ownership
1. Property in the ownership of two or several persons shall belong to them by right of common ownership.
2. Property may be in common ownership with the determination of the share of each of the owner in the right of ownership (shared ownership) or without the determination of such shares (joint ownership).
3. Common ownership in property shall be shared, except for instances when the formation of joint ownership has been provided for by a law.
4. Common ownership shall arise when two or more persons enter into the ownership of property which cannot be divided without changing its purpose (indivisible things), or is not subject to division by virtue of law.
Common ownership in divisible property shall arise in the instances provided for by a law or contract.
5. By agreement of participants of joint ownership, and at the failure to achieve consent, by court decision, the shared ownership of these persons may be established for the property they have in common.

Article 245. Determination of Shares in Right of Shared Ownership
1. If shares of participants in shared ownership cannot be determined on the basis of a law and have not been established by agreement of all of its participants, the shares shall be considered equal.
2. By agreement of all participants in shared ownership, there may be established the procedure for the determination and change of their shares depending on the contribution of each of them in the formation and increment of the common property.
3. A participant in shared ownership who has made, at his own expense and in compliance with the procedure established for the use of common property, indivisible improvements of this property shall have the right to a corresponding increase of his share in the right to common property.
Divisible improvements of common property, unless otherwise provided by agreement of the participants in shared ownership, shall enter into the ownership of those participants who produced them.