Louisiana Civil Code

Table of Contents (Download PDF)

SECTION 5 - OF THE EFFECT OF PARTITION

Art. 1382. Partition is a sort of exchange, which the coheirs make among themselves, one giving up his right in the thing which he abandons for the right of the other in the thing he takes.

Art. 1383. [Repealed. Acts 1991, No. 689, §1]

 

SECTION 6 - OF THE WARRANTY OF PARTITION

Art. 1384. The coheirs remain respectively bound to warrant, one to the other, the property falling to each of their shares against the disturbance and eviction which they may suffer, when the disturbance or eviction proceeds from a cause anterior to the partition.

Art. 1385. The warranty does not take place, if the kind of eviction suffered has been excepted by a particular and express clause of the act; but it can not be stipulated in a partition, by a general clause that there shall be no warranty among the coheirs for any kind of disturbance whatever.

Art. 1386. The warranty ceases, if it be by the fault of the coheir, that he has suffered the eviction.

Art. 1387. Each of the coheirs is personally bound in proportion to his hereditary share, to indemnify his coheir for the loss which the eviction has caused him.

Art. 1388. But the indemnity is only for the sum for which the object has been given by the partition to the heir who has suffered the eviction, and for the proportion which each of the heirs is bound to contribute, the amount of his own portion being extinguished by confusion; and the heir in this case has no right to claim remuneration from his coheirs for any damages which he may have suffered by the eviction.

Art. 1389. If one of the coheirs happens to be insolvent, the portion, for which he is bound, must be divided equally between the one who is guaranteed and the other coheirs who are solvent.

Art. 1390. Warranty between coheirs has two different effects, according to the two kinds of property which may exist in the succession:

One composed of things which corporeally exist, whether they be movable or immovable, with regard to which warranty goes no farther than assuring them to belong to the succession.

The other kind consists of active debts and other rights, and with respect to these, they are not only guaranteed as belonging to the succession, but also as being such as they appear to be; that is to say, as being really due to the succession, and due by debtors solvent at the time of the partition, and who shall be so when the debt becomes payable, if it be not then due.

Art. 1391. The warranties mentioned in the preceding article exist of right, so that they are always implied, and the heirs are bound to them, though no mention be made thereof in the partition.

Art. 1392. The warranty of the solvency of the debtor of a rent charge can not be claimed after the lapse of five years from the partition.

Art. 1393. Where, after the partition, the thing decays by its nature, or perishes by accident, such loss gives rise to no action of warranty.

Art. 1394. If, since the partition, debts or charges before unknown, are discovered, such new charges, whatever they may be, shall be supported by all the heirs, and they shall mutually guarantee each other.

Art. 1395. The tacit mortgage which resulted from the partition for the execution of all the obligations contained therein, no longer exists; but the heirs may stipulate a special mortgage.

Art. 1396. The action of warranty among coheirs is prescribed by five years, and the time commences to run, to wit: for the property included in the partition, from the day of the eviction; and for debts, from the day that the insolvency of the debtor is established by the discussion of his effects.

Content for this section is blank.