Book III: Different ways of acquiring property

The ratio is made in less taking, except in the case of the second paragraph of article 845. It cannot be required in kind, unless otherwise stipulated in the deed of gift. In the case of such a stipulation, the alienations and constitutions of real rights granted by the donee will be extinguished by the effect of the report unless the donor has consented.

The heir also has the option of bringing back in kind the donated property that still belongs to him, provided that the property is free of any charge or occupation with which it was not already encumbered at the time of the donation.

The ratio is due from the value of the property given at the time of the partition, based on its condition at the time of the gift. If the property was alienated before the partition, the value it had at the time of alienation is taken into account. If a new asset has been subrogated to the alienated asset, the value of the new asset at the time of partition…

The ratio of a sum of money is equal to its amount. However, if it has been used to acquire property, the ratio is due from the value of that property, under the conditions provided for in Article 860.

Where the return is in kind and the condition of the objects given has been improved by the act of the donee, he must be taken into account for this, having regard to what their value was increased at the time of the partition or alienation. The donee must likewise be taken into account for the necessary expenses he has made for the conservation of the property, even if they…

The co-heir who makes the report in kind may retain possession of the donated property until the sums due to him for expenses or improvements have been effectively repaid.

The donee, on the other hand, must, in the case of a return in kind, take into account any deterioration or deterioration which has diminished the value of the donated property through his act or fault.