Judicial judgment — Court of Cassation – Civil
Leasing by a Co-owner and Collection of Rent
Decision reference: Court of Cassation Civil Decision No. 3427/2024, referring to Civil Code Articles 171, 175, and 413.
A co-owner’s lease of the other co-owners’ shares depends on their ratification because the act is unauthorized under Article 171 of the Civil Code. Subsequent ratification operates as prior authorization under Article 175, and the co-owner may collect rent as their agent under Article 413 unless a co-owner gives notice to pay elsewhere.
Leases and use rights
Judicial judgment — Court of Cassation – Civil
Updated: 22 September 2026
Prepared and reviewed by: Ashraf Al-Khawaja
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A co-owner’s lease of the other co-owners’ shares depends on their ratification because the act is unauthorized under Article 171 of the Civil Code. Subsequent ratification operates as prior authorization under Article 175, and the co-owner may collect rent as their agent under Article 413 unless a co-owner gives notice to pay elsewhere.
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Question
Can one co-owner lease the property and collect rent for the other co-owners?
Extracted principle
A co-owner’s lease of the other co-owners’ shares depends on their ratification because the act is unauthorized under Article 171 of the Civil Code. Subsequent ratification operates as prior authorization under Article 175, and the co-owner may collect rent as their agent under Article 413 unless a co-owner gives notice to pay elsewhere.
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