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Book 2 · Law of obligations  ›  Title 17 · Co-ownership › Section 753

Division by sale

(1) If division in kind is excluded, then the dissolution of co-ownership occurs by sale of the joint object according to the provisions on sale of a pledge, or, in the case of a plot of land, by compulsory auction, and by division of the proceeds. If alienation to a third party is inadmissible, then the object is to be auctioned off among the part owners.

(2) If the attempt to sell the object is unsuccessful, then each part owner may demand a repeated attempt but is to bear the costs if a repeated attempt fails.

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