Book III: Different ways of acquiring property

He may set up the benefit of the discussion against his seller’s creditors.

If the purchaser with a pact of redemption of an undivided part of an inheritance has become the successful bidder for the whole on an auction caused against him, he may oblige the seller to withdraw the whole when the latter wishes to make use of the pact. .

If several persons have sold jointly, and by a single contract, an inheritance common to them, each may exercise the action for redemption only in respect of the share which he had in it.

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…