Paragraph 2: Actions to supplement shares

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.