The creditors of a co-partitioner, in order to prevent the partition from being made in fraud of their rights, may object to it being made without their presence: they have the right to intervene at their own expense; but they may not attack a completed partition, unless, however, it has been made without them and to the prejudice of an objection which they have lodged.
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.
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…
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is a Registered Trademark of
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75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
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Paris Bar Registration n° (Toque) C2396
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