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…
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.
A liberality is the act by which a person disposes of all or part of his property or rights free of charge for the benefit of another person. A liberality can only be made by inter vivos gift or by will.
An inter vivos gift is an act by which the donor currently and irrevocably disposes of the thing given in favour of the donee who accepts it.
A will is an act by which the testator disposes of all or part of his property or rights for the time when he no longer exists, and which he may revoke.
A disposition by which a person is charged to preserve and return to a third party has effect only where it is authorised by law.
A provision by which a third party is called upon to receive the gift, succession or legacy, in the event that the donee, instituted heir or legatee does not receive it, shall not be regarded as a substitution and shall be valid. .
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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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