Page 173 - Important Provisions of The New Civil Code

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)

Article 493. Each co-owner shall have the full

ownership of his part and of the fruits and

benefits pertaining thereto, and he may

therefore alienate, assign or mortgage it, and

even substitute another person in its

enjoyment, except when personal rights are

involved. But the effect of the alienation or the

mortgage, with respect to the co-owners, shall

be limited to the portion which may be alloted

to him in the division upon the termination of

the co-ownership. (399)