Section 4: Effects of partition and guarantee of lots

Each co-heir is deemed to have succeeded alone and immediately to all the effects included in his or her lot, or to have fallen to him or her on licitation, and never to have had ownership of the other effects of the succession. The same applies to property which has fallen to him or her by any other act having the effect of bringing the indivision to an end. No…

The co-heirs remain respectively guarantors, towards each other, for disturbances and evictions only which arise from a cause prior to the partition. They are also guarantors for the insolvency of the debtor of a debt placed in the lot of a co-partitioner, revealed before the partition. The guarantee does not arise if the species of eviction suffered has been excepted by a particular and express clause in the deed of…

Each of the co-heirs is personally obliged, in proportion to his emolument, to compensate the evicted co-heir for the loss he has suffered, valued on the day of the eviction. If one of the co-heirs becomes insolvent, the portion for which he is liable must be divided equally between the guarantor and all the solvent co-heirs.

An action in warranty is barred after two years from the eviction or the discovery of the disturbance.