Page:The Civil code of Japan (IA cu31924069576704).pdf/86

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254.

If an obligation exists in favour of one co-owner against another in regard to the thing held in common, the former may exercise his right against a singular successor of such other co-owner.

255.

If a co-owner renounces his share or dies without an heir, his share accrues to the others.

256.

Each co-owner has a right to demand partition of the thing held in common, but it may be provided by contract that partition shall not be made for a period not exceeding five years.

This contract may be renewed, but its duration from the time of renewal must not exceed five years.

257.

The provisions of the preceding article do not apply to such things held in common as are mentioned in Arts. 208 and 229.

258.

If the co-owners cannot agree, application may be made to the court for partition,

If in such case partition of the thing itself cannot be made, or if there is reason to apprehend that by partition the value of the thing would be considerably diminished, the court may order the thing to be sold by auction.

259.

If an obligation exists in favour of one co-owner

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