Section Second: Partition

Article 941

1. The partners may agree to divide the property in the manner they see fit. If there is among them a person lacking legal capacity or an absentee with intermittent absence, the consent of their legal representative is not sufficient, but rather the civil judge competent in the matter must rule to approve the division in order for it to become enforceable.

Article 942

Amended. If the partners disagree on the partition, or if one of them lacks legal capacity or is absent, and the judge does not approve the consensual partition, each partner may file a suit before the court against all partners and other rights holders.

Article 943

Art. 943 - Ordinary creditors, as well as creditors of one of the co-heirs in a state of insolvency, may object to the partition or auction being conducted in their absence and may intervene at their own expense; they may also have the partition annulled if it was carried out despite their objection.

Article 944

Art. 944 - The co-sharers, or one of them, may stop the application for annulment of partition by satisfying the creditor, or by consigning the sum claimed by him.

Article 945

Art. 945 - Creditors, duly summoned, who appear after the partition has been consummated, cannot have it annulled; but, if a sufficient sum has not been set aside to indemnify them, they may exercise their rights over the common property, in the event that any of it remains unpartitioned; in the contrary case, they may pursue their claims against the co-partitioners to the extent determined by the nature of the company or community.

Article 946

Art. 946 - Each of the co-sharers is presumed to have had, from the beginning, the ownership of the effects comprised in his share, or by him acquired on auction, and never to have had the ownership of the other effects.

Article 947

Art. 947 - The partition, whether conventional, legal, or judicial, can only be annulled for error, duress, fraud, or lesion.

Article 948

1. The co-heirs shall guarantee each other against any exposure or entitlement arising from a cause prior to the partition, and each of them shall be obligated to compensate the beneficiaries of the guarantee in proportion to their share, based on the value of the thing at the time of the partition. If one of the co-heirs is insolvent, the amount due by him to the beneficiary of the guarantee shall be distributed among the other co-heirs in proportion to the amount of each of their shares.

Article 949

Art. 949 - The annulment of the partition, for the reasons established by law, reinstates each of the co-partitioners in the legal and factual situation they had at the time of the partition, except for the rights that have been regularly acquired, for valuable consideration, by third parties in good faith. The action for nullity must be brought within the year following the partition; it is not admissible after this time limit.