This case has been cited 1 times or more.
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2013-11-12 |
BERSAMIN, J. |
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| Article 1620 contemplates of a situation where a co-owner has alienated his pro-indiviso shares to a third party or stranger to the co-ownership.[32] Its purpose is to provide a method for terminating the co-ownership and consolidating the dominion in one sole owner.[33] In Basa v. Aguilar,[34] the Court stated: Legal redemption is in the nature of a privilege created by law partly for reasons of public policy and partly for the benefit and convenience of the redemptioner, to afford him a way out of what might be a disagreeable or inconvenient association into which he has been thrust. (10 Manresa, 4th Ed., 317.) It is intended to minimize co-ownership. The law grants a co-owner the exercise of the said right of redemption when the shares of the other owners are sold to "a third person." A third person, within the meaning of this Article, is anyone who is not a co-owner. (Sentencia of February 7, 1944 as cited in Tolentino, Comments on the Civil Code, Vol. V, p. 160.)[35] | |||||