The same applies if a person who has sold an inheritance alone has left several heirs. Each of these co-heirs may only use the redemption option for the share he takes in the inheritance.
But, in the case of the two preceding articles, the purchaser may require all the co-sellers or all the co-heirs to be put in issue, in order to conciliate among themselves for the resumption of the whole inheritance; and, if they do not conciliate, he shall be dismissed from the claim.
If the sale of an inheritance belonging to several has not been made jointly and of the whole inheritance together, and each has sold only the share which he had in it, they may separately exercise the action of redemption on the portion which belonged to them; And the purchaser may not compel him who exercises it in this way to withdraw the whole.
If the purchaser has left several heirs, the action for redemption may be brought against each of them only for his share, in the case where it is still undivided, and in the case where the thing sold has been divided between them. But if there has been a division of the estate and the thing sold has fallen to the lot of one of the heirs, the action for…
The seller who makes use of the repurchase agreement must reimburse not only the principal price, but also the expenses and fair costs of the sale, the necessary repairs, and those which have increased the value of the land, up to the amount of this increase. He may not enter into possession until all these obligations have been met. When the seller re-enters his inheritance by the effect of the…
If the seller has been harmed by more than seven twelfths in the price of an immovable, he has the right to apply for rescission of the sale, even if he had expressly waived the right to apply for such rescission in the contract, and had declared that he was giving the added value.
To determine whether there is lesion of more than seven twelfths, the property must be valued according to its condition and value at the time of the sale. In the case of a unilateral promise to sell, lesion is assessed on the day of completion.
The claim is no longer admissible after the expiry of two years from the day of the sale. This period runs and is not suspended for the duration of the time stipulated for the pact of redemption.
Proof of injury may be admitted only by judgment, and only in cases where the facts asserted are sufficiently likely and serious enough to give rise to a presumption of injury.
Such proof may be made only by a report of three experts, who shall be required to draw up a single joint report, and to form a single opinion by a plurality of votes.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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