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中华人民共和国民法典上一条 中华人民共和国民法典目录

  第三百零一条 处分共有的不动产或者动产以及对共有的不动产或者动产作重大修缮、变更性质或者用途的,应当经占份额三分之二以上的按份共有人或者全体共同共有人同意,但是共有人之间另有约定的除外。
Article 301
Unless otherwise agreed by the co-owners, any disposition of the co-owned immovable or movable property, or any major repair or change of the nature or intended use of the co-owned immovable or movable property shall be subject to the consent of the co-owners by shares whose shares account for two thirds or more of the total shares, or to the consent of all joint co-owners.
  第三百零二条 共有人对共有物的管理费用以及其他负担,有约定的,按照其约定;没有约定或者约定不明确的,按份共有人按照其份额负担,共同共有人共同负担。
Article 302
The management expenses of and other burdens on a thing co-owned by the co-owners shall be borne according to the agreement among the co-owners where there is such an agreement; where there is no agreement or the relevant agreement is unclear, these expenses shall be borne by the co-owners by shares proportionally, and by the joint co-owners jointly.
  第三百零三条 共有人约定不得分割共有的不动产或者动产,以维持共有关系的,应当按照约定,但是共有人有重大理由需要分割的,可以请求分割;没有约定或者约定不明确的,按份共有人可以随时请求分割,共同共有人在共有的基础丧失或者有重大理由需要分割时可以请求分割。因分割造成其他共有人损害的,应当给予赔偿。
Article 303
Where the co-owners have agreed not to partition the co-owned immovable or movable property in order to maintain the co-ownership, the agreement shall be followed, except that a co-owner may request partition if there is a compelling reason for partition. Where there is no agreement or the relevant agreement is unclear, a co-owner by shares may request partition at any time, whereas a joint co-owner may request partition in case the basis for the joint ownership ceases to exist or there is a compelling reason for partition. Compensation shall be made if partition causes damage to the other co-owners.
  第三百零四条 共有人可以协商确定分割方式。达不成协议,共有的不动产或者动产可以分割且不会因分割减损价值的,应当对实物予以分割;难以分割或者因分割会减损价值的,应当对折价或者拍卖、变卖取得的价款予以分割。
Article 304
The co-owners may determine through negotiation the way of partition of the co-owned thing. Where they fail to reach an agreement, and where the co-owned immovable or movable property is divisible and its value is not diminished upon division, partition in kind shall be effected; where it is difficult to divide the co-owned thing or where its value would be impaired upon division, partition shall be carried out through dividing the proceeds based on appraisal or obtained from auction or a sale of it.
  共有人分割所得的不动产或者动产有瑕疵的,其他共有人应当分担损失。
Where the immovable or movable property acquired by a co-owner by means of partition is defective, the other co-owners shall share the losses.

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