Cap. 16 · Civil Code (Cap. 16)
Cap. 16 Art. 514Supplement in money and supplementary partition.
Sub-title II
(1) Where in a partition, or in any other act whereby the community of property, whether movable or immovable, is terminated, even though such act be designated as a sale, an exchange or a compromise, or by any other name, the fair value of the property allotted or assigned to one of the co-partitioners is, having regard to the time of such partition or other act, less than three-fourths of the fair value of the share to which such co-partitioner was entitled, such co-partitioner shall be entitled to demand from the other co-partitioner a supplement in money.
(2) No action for a supplement under sub-article (1) of this article may be maintained where difficulties arisen between the co-partitioners have been settled by a compromise, even if no suit had been commenced in relation thereto; nor may such action be maintained in the case of a sale of the right of co-ownership made without fraud to one of the co-owners at his risk and peril by the other co-owners or any of them.
(3) The action for demanding a supplement in money under sub-article (1) of this article shall be barred by the lapse of two years from the date of the partition or other act terminating the community, and the provisions of sub-article (2) of article 1407 shall apply in respect of the running of such period of limitation.
(4) The mere omission from a partition of a thing held in community shall only give rise to a supplementary partition.
Amendment history
- Amended by LVIII.1975.3