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LICITATION ((Before Coms. Co-owners incapable of partage, Pty to auction …
LICITATION
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Pty vests in highest bidder, on condition pays each co-owner a share of the price which eqv. to the undivided share each co-owner had in the pty
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Pothier: when several parties succeed in common to land which can't be P without being depreciated, one can oblige other to L
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FEATURES
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De Garis: (1) whenever pty held in indivision ct has jurisdiction to order L (2) Nothing prevent sale by private agt prior to auction, provided co-ow. agree
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Purchasing co-ow. not bound by charges of creditors of his co-ow. Creditors can only intervene in the right of their debtor
Jones v Le Vallee obiter ct has discretion to postpone L to short period (insufficient cases to determine 'normal' period to postpone)
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