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Swiss Civil Code

English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

Art. 647

2. Use and ad­min­is­tra­tion rules

 

1The co-own­ers may agree rules on use and ad­min­is­tra­tion that de­vi­ate from the stat­utory pro­vi­sions and provide therein that the rules may be amended with the con­sent of the ma­jor­ity of all co-own­ers.2

1bisAny amend­ment to the pro­vi­sions of the use and ad­min­is­tra­tion rules on the al­loc­a­tion of ex­clus­ive rights of use also re­quires the con­sent of the co-own­ers who are dir­ectly af­fected.3

2Such rules can­not an­nul or re­strict the rights of each co-own­er:

1.
to re­quest such meas­ures as are ne­ces­sary to pre­serve the ob­ject’s value and ser­vice­ab­il­ity and, where re­quired, to have these ordered by a court;
2.
to take, on his or her own ini­ti­at­ive and at the ex­pense of all co-own­ers, such meas­ures as are ur­gently needed to safe­guard the ob­ject against im­min­ent or in­cre­ment­al dam­age.

1 Amended by No I of the FA of 19 Dec. 1963, in force since 1 Jan. 1965 (AS 1964 993; BBl 1962 II 1461).
2 Amended by No I 1 of the FA of 11 Dec. 2009 (Re­gister Mort­gage Cer­ti­fic­ates and oth­er amend­ments to Prop­erty Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).
3 In­ser­ted by No I 1 of the FA of 11 Dec. 2009 (Re­gister Mort­gage Cer­ti­fic­ates and oth­er amend­ments to Prop­erty Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).