The partition may be annulled on the grounds of violence or fraud. It may also be annulled on the grounds of error, if the error concerned the existence or the proportion of the rights of the co-sharers or the ownership of the property included in the partitionable mass. If it appears that the consequences of violence, fraud or error can be remedied other than by annulling the partition, the court…
The partition may also be annulled if one of the co-heirs has been omitted from it. The omitted heir may, however, request to receive his share, either in kind or in value, without annulling the partition. To determine this share, the property and rights to which the partition already made related are revalued in the same way as if it were a new partition.
A co-sharer who has alienated his lot in whole or in part is no longer entitled to bring an action based on fraud, mistake or violence, if the alienation he has made is subsequent to the discovery of the fraud or mistake or the cessation of the violence.
Where one of the co-partitioners establishes that he has suffered an injury of more than one quarter, the supplement to his share shall be provided, at the option of the defendant, either in cash or in kind. In order to assess whether there has been a lesion, the objects are estimated according to their value at the time of the partition. The action for the supplement of a share is…
An action in complement of share is admitted against any act, whatever its denomination, the object of which is to put an end to indivision between co-partitioners. The action is no longer admitted where a settlement has been reached following the partition or the act in lieu thereof on the difficulties presented by that partition or that act. In the case of successive partial divisions, lesion is assessed without taking…
An action to supplement a share is not permitted against a sale of undivided rights made without fraud to an undivided co-owner by his co-owners or by one of them, where the transfer involves a contingency defined in the deed and expressly accepted by the transferee.
The simple omission of an undivided asset gives rise to a supplementary division relating to that asset.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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