of the State, discard solid wastes or emit harmful substances such as atmospheric pollutants, water
pollutants, soil pollutants, noises, light radia on, and electromagne c radia on.
Ar cle 295 A person en tled to the real rights in immovable property may not endanger the safety of the
adjacent immovable property when excava ng land, construc ng buildings, laying pipelines, installing
facili es, or the like.
Ar cle 296 A person en tled to the real rights in immovable property who u lizes the adjacent immovable
property for the purpose of using water, drainage, passage, laying pipelines, and the like, shall spare no e ort
to avoid causing damage to the person en tled to the real rights in the adjacent immovable property.
Chapter VIII Co-ownership
Ar cle 297 Immovable or movable property may be co-owned by two or more organiza ons or individuals.
Co-ownership consists of co-ownership by shares and joint co-ownership.
Ar cle 298 Co-owners by shares have the ownership of the co-owned immovable or movable property
according to their shares.
Ar cle 299 Joint co-owners jointly have the ownership of the co-owned immovable or movable property.
Ar cle 300 The co-owners shall manage the co-owned immovable or movable property in accordance with
their agreement. Where there is no agreement or the agreement is unclear, each co-owner is en tled and
obligated to manage it.
Ar cle 301 Unless otherwise agreed by the co-owners, any disposi on of the co-owned immovable or
movable property, or any major repair or change of the nature or intended use of the co-owned immovable
or movable property shall be subject to the consent of the co-owners by shares whose shares account for
two thirds or more of the total shares, or to the consent of all joint co-owners.
Ar cle 302 The management expenses of and other burdens on a thing co-owned by the co-owners shall be
borne according to the agreement among the co-owners where there is such an agreement; where there is
no agreement or the agreement is unclear, these expenses shall be borne by the co-owners by shares
propor onally, and by the joint co-owners jointly.
Ar cle 303 Where the co-owners have agreed not to par on the co-owned immovable or movable property
in order to maintain the co-ownership, the agreement shall be followed, provided that a co-owner may
request par on if there is a compelling reason for par on. Where there is no agreement or the agreement
is unclear, a co-owner by shares may request par on at any me, whereas a joint co-owner may request
par on in case the basis for the joint ownership ceases to exist or there is a compelling reason for par on.
Compensa on shall be made if par on causes damage to the other co-owners.
Ar cle 304 The co-owners may determine through nego a on the way of par on of the co-owned thing.
Where they fail to reach an agreement, and where the co-owned immovable or movable property is divisible
and its value is not diminished upon division, par on in kind shall be e ected; where it is di cult to divide
the co-owned thing or where its value would be impaired upon division, par on shall be carried out
through dividing the proceeds based on appraisal or obtained from auc on or a sale of it.
Where the immovable or movable property acquired by a co-owner by means of par on is defec ve, the
other co-owners shall share the losses.
Ar cle 305 A co-owner by shares may transfer the por on of shares he owned in the co-owned immovable
or movable property. The other co-owners have the right of pre-emp on to buy the shares under equivalent
condi ons.
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