French Civil CodeIn force
Section 4: Effects of partition and guarantee of lots
Article 886
An action in warranty is barred after two years from the eviction or the discovery of the disturbance.
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Showing 831–840 of 44723 articles for “Art. Cass. 1ère civ. 8-3-1988 n° 86-11.144”
An action in warranty is barred after two years from the eviction or the discovery of the disturbance.
An heir who renounces is deemed never to have been an heir. Subject to the provisions of article 845, the renouncer's share devolves to his representatives; failing this, it increases to his co-heirs;…
If an undivided co-owner is presumed to be absent or, due to distance, is unable to express his will, an amicable division may be made under the conditions provided for in Article 116.Similarly, if an…
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.
The co-heirs remain respectively guarantors, towards each other, for disturbances and evictions only which arise from a cause prior to the partition. They are also guarantors for the insolvency of the…
Renunciation of an inheritance cannot be presumed. To be enforceable against third parties, renunciation made by the universal heir or heir by universal title must be addressed to or filed with the co…
Expenses legitimately incurred by the heir prior to his renunciation shall be borne by the estate.
Gifts made outside the inheritance can only be retained, nor legacies claimed by the heir coming to share, up to the available portion: the excess is subject to reduction.
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 encum…
Where several undivided interests exist exclusively between the same persons, whether they relate to the same property or to different property, a single amicable division may take place.
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