Paragraph 1: Actions for nullity of partition

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.