3.

Recognition of Ideal Share

 determines the rights and obligations of the co-owners.
 basic principle in civil law that before a property owned in common is actually partitioned, all
that the co-owner has is an ideal or abstract quota or proportionate share in the entire property

Dual Nature of Owner in Co-ownership

a. Ownership over the ideal share
 exists in favor of each co-owner a portion which is definite in amount but not physically
and actually identified, the same being merely ideal
 With respect to this ideal or abstract share, a co-owner exercises absolute ownership
and he may, therefore, dispose of it in any manner he pleases
 Principle under 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. xxx”
b. Joint ownership over the whole
 each co-owner is also considered as the owner of the whole and over the whole he
exercises the right of dominion
 Reason: until a division is made, the respective share of each cannot be determined.
However, with respect to the whole or the pro indiviso property, every co-owner
exercise joint ownership together with his co-participants.
 For this reason, mutual respect is observed by the co-owners in regard to the use,
enjoyment and preservation of the thing as a whole
 Principle under Art.486: “each co-owner may use the thing owned in common, provided
he does so in accordance with the purpose for which it is intended and in such a way as
not to injure the interest of the co-ownership or prevent the other co-owners from using
it according to their rights. xxx”

Effect of division or partition