Book III: Different ways of acquiring property

Any person may make, between his presumptive heirs, the distribution and division of his property and rights. This act may be made in the form of a gift-sharing or a testament-sharing. It is subject to the formalities, conditions and rules prescribed for gifts inter vivos in the first case and for wills in the second.

Any person may also distribute and divide his property and rights between descendants of different degrees, whether or not they are his presumptive heirs.

If his or her property comprises a sole proprietorship of an industrial, commercial, craft, agricultural or liberal nature or shares in a company carrying on an industrial, commercial, craft, agricultural or liberal activity and in which he or she exercises a managerial function, the disposing person may, in the form of a shared gift and under the conditions provided for in Articles 1075 and 1075-1, distribution and sharing between the…

An action to supplement a share on the grounds of lesion cannot be brought against shared gifts and shared wills.

The provisions of article 828, are applicable to balances payable by donees, notwithstanding any agreement to the contrary.

If all the property or rights left by the disposant on the day of his death have not been included in the partition, those of his property or rights which have not been included therein shall be allotted or divided in accordance with the law.