Subsection 1: Common provisions.

The partitionable mass comprises the property existing at the opening of the succession, or that which has been subrogated to it, and which the deceased has not disposed of by reason of death, as well as the fruits relating thereto. It is increased by the values subject to ratio or reduction, as well as the debts of the co-sharers to the deceased or to the undivided community.

Equality in partition is equality in value. Each co-divider receives property for a value equal to that of his rights in the undivided property. If lots are drawn, as many lots as are necessary are formed. If the consistency of the mass does not allow lots of equal value to be formed, their inequality is compensated for by a balance.

The mass is divided by head. However, it is made by strain when there is reason for representation. Once division by stock has been effected, a separate distribution is made, where applicable, between the heirs of each stock.

Where the debtor of a balancing payment has obtained deferred payment and, as a result of economic circumstances, the value of the property due to him has increased or decreased by more than one quarter since the partition, the sums remaining due shall increase or decrease in the same proportion, unless the parties exclude this variation.

With a view to their distribution, the property is estimated at its value on the date of divided enjoyment as fixed by the deed of partition, taking into account, where applicable, the charges on it. This date is as close as possible to the partition. However, the judge may fix divided enjoyment at an earlier date if the choice of this date appears more favourable to the achievement of equality.

In the formation and composition of lots, every effort shall be made to avoid dividing economic units and other sets of goods, the splitting of which would lead to depreciation.