Page:The Civil code of Japan (IA cu31924069576704).pdf/87

against another relating to the co-ownership, the former may at the time of partition claim performance out of the share falling to his debtor.

The creditor may, if necessary for such performance, demand a sale of the part of the thing held in common falling to his debtor’s share.

A person who has a right in the thing held in common, or any creditor of a co-owner, may at his own expense intervene in the partition.

If in disregard of an application for intervention made according to the provisions of the preceding paragraph, partition is effected without waiting for the intervention, the partition cannot be set up against the person who made the application for intervention.

Each co-owner is bound in proportion to his share by the same warranties as a seller in respect to the things which the other co-owners have received under the partition.

After the partition each party must preserve all documents relating to the the thing which he has received.

Documents relating to a thing partitioned among all or several of the co-owners must be preserved by the person who has received the largest share.

If there is no such person, the parties to the partition must upon consultation appoint a custodian.

If they cannot agree, he must be appointed by the court.