LA COPROPRIETE PAR INDIVISION: SOUPLESSE ET DEFICIENCE DE LA REGLEMENTATION D'UN ETAT DESORMAIS DURABLE

Abstract

The Québec civil code, unlike the former civil code of Lower Canada, fully recognizes undivided co-ownership because it is both relevant and useful in such as the holding and enjoyment of property. This article reviews the main rules on the operation of undivided co-ownership and examines their relevance, notes some areas of weakeness and even lacunae in the law. Where the Code appears to lack precision or foresight the courts and the writers have been quick to fashion viable and interesting solutions.