Bare owner and usufructuary: who can decide on the sale of the property
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We are 4 cousins and our aunt gave us the bare ownership of one of her apartments by keeping theusufruct. We all want to sell it but she is against it. Can we get legal permission to sell it?
No. When the ownership of a property is dismembered, i.e. distributed between a bare owner and a usufructuary, in principle the judge cannot authorize the sale of the property against the will of the usufructuary (art. 815 -5 C. civ.).