Art. 1251. Methods of making collations.
SECTION 3–HOW COLLATIONS ARE MADE Art. 1251. Methods of making collations. Collations are made in kind or by taking less.
Art. 1252. Collation in kind, definition.
Art. 1252. Collation in kind, definition. The collation is made in kind, when the thing which has been given, is delivered up by the donee to be united to the mass of the succession.
Art. 1253. Collation by taking less, definition.
Art. 1253. Collation by taking less, definition. The collation is made by taking less, when the donee diminishes the portion he inherits, in proportion to the value of the object he has received, and takes so much less from the surplus of the effects as is explained in the chapter which treats of partitions.
Art. 1254. Movables or immovables.
Art. 1254. Movables or immovables. In the execution of the collation it must first be considered whether the things subject to it are movables or immovables.
Art. 1255. Collation of immovables.
Art. 1255. Collation of immovables. If an immovable has been given, and the donee hath it in his possession at the time of the partition, he has the choice to make the collation in kind or by taking less, unless the donor has imposed on him the condition of making the collation in kind, in […]
Art. 1256. Immovables collated in kind; reimbursement for improvements.
Art. 1256. Immovables collated in kind; reimbursement for improvements. The donee who collates in kind an immovable, which has been given to him, must be reimbursed by his coheirs for the expenses which have improved the estate, in proportion to the increase of value which it has received thereby.
Art. 1257. Immovables collated in kind; allowance for expenses of preservation.
Art. 1257. Immovables collated in kind; allowance for expenses of preservation. The coheirs are bound to allow to the donee the necessary expenses which he has incurred for the preservation of the estate, though they may not have augmented its value.
Art. 1258. Immovables collated in kind; removal by donee of works erected for his pleasure.
Art. 1258. Immovables collated in kind; removal by donee of works erected for his pleasure. As to works made on the estate for the mere pleasure of the donee, no reimbursement is due to him for them; he has, however, the right to take them away, if he can do it without injuring the estate, […]
Art. 1259. Kinds of expenses made on immovable property.
Art. 1259. Kinds of expenses made on immovable property. Expenses made on immovable property are distinguished by three kinds: necessary, useful, and those for mere pleasure. Necessary expenses are those which are indispensable to the preservation of the thing. Useful expenses are those which increase the value of the immovable property, but without which the […]
Art. 1260. Deterioration and damage to immovable, liability of donee.
Art. 1260. Deterioration and damage to immovable, liability of donee. The donee, who collates in kind the immovable property given to him, is* accountable for the deteriorations and damage which have diminished its value, when caused by his fault or negligence. * English translation of French text incomplete; should include "on his part."
Art. 1261. Destruction of immovable after election to collate in kind.
Art. 1261. Destruction of immovable after election to collate in kind. If within the time and in the form prescribed in the chapter which treats of partitions, the donee has made his election to collate in kind the immovable property which has been given to him, and it is afterwards destroyed, without the act or […]
Art. 1262. Partial destruction of immovable after election to collate in kind.
Art. 1262. Partial destruction of immovable after election to collate in kind. If the immovable property be only destroyed in part, it shall be collated in the state in which it is.
Art. 1263. Destruction of immovable after election to collate by taking less.
Art. 1263. Destruction of immovable after election to collate by taking less. But if the immovable property is destroyed after the donee has declared that he wishes to collate by taking less, the loss is his, and he is bound to take less from the succession, in the same manner as if the property had […]
Art. 1264. Creditors’ rights on immovable collated in kind.
Art. 1264. Creditors’ rights on immovable collated in kind. When the collation is made in kind, the effects are united to the mass of the succession as they may be burdened with real rights created by operation of law or by onerous title. In such a case, the donee is accountable for the resulting diminution […]
Art. 1265. Preservation of creditor’s mortgage rights after partition.
Art. 1265. Preservation of creditor’s mortgage rights after partition. In the case mentioned in the preceding article, if the property mortgaged, which has been collated in kind, falls by the partition to the donee, the mortgage continues to exist thereon as if it had never been collated; but if the donee receives for his portion […]
Art. 1266. Immovables in excess of disposable portion; collation in kind.
Art. 1266. Immovables in excess of disposable portion; collation in kind. When the gift of immovable property, made to a lawful child or descendant, exceeds the portion which the ascendant could legally dispose of, the donee may make the collation of this excess in kind, if such excess can be separated conveniently.
Art. 1267. Immovables in excess of disposable portion; collation by taking less.
Art. 1267. Immovables in excess of disposable portion; collation by taking less. If, on the contrary, the retrenchment of the excess over and above the disposable portion can not conveniently be made, the donee is bound to collate the excess by taking less, as is hereafter prescribed for the cases in which the collation is […]
Art. 1268. Collation in kind; retention of immovable until reimbursement of expenses.
Art. 1268. Collation in kind; retention of immovable until reimbursement of expenses. The donee, who makes the collation in kind of the immovable property given to him, may keep possession of the same until the final reimbursement of the sums to him due for the necessary and useful expenses which he has made thereon, after […]
Art. 1269. Collation by taking less; valuation of immovable.
Art. 1269. Collation by taking less; valuation of immovable. When the donee has elected to collate the immovable property given him by taking less on the part which comes to him from the succession, the collation must be made according to the value which the immovable property had at the opening of the succession, a […]
Art. 1270. Voluntary alienation or negligent loss of immovables subject to collation.
Art. 1270. Voluntary alienation or negligent loss of immovables subject to collation. If the donee has voluntarily alienated the immovable property which has been given him, or if he has permitted it to be seized and sold for the payment of his debts, or if it has been destroyed by his fault or negligence, he […]