Art. 1322. Repealed by Acts 1991, No. 689, 1.
SECTION 3–IN WHAT MANNER THE JUDICIAL PARTITION IS MADE Art. 1322. Repealed by Acts 1991, No. 689, §1.
Art. 1323. Repealed by Acts 1991, No. 689, 1.
Art. 1323. Repealed by Acts 1991, No. 689, §1.
Art. 1324. Repealed by Acts 1960, No. 30, 2, eff. Jan. 1, 1961.
Art. 1324. Repealed by Acts 1960, No. 30, §2, eff. Jan. 1, 1961.
Art. 1325. Inventory within one year of partition suit.
Art. 1325. Inventory within one year of partition suit. The public inventory, which may have been made by the parties interested at a time not exceeding one year previous to the suit for a partition, shall serve as the basis of the partition, unless one of the heirs demands a new appraisement, and proves that […]
Art. 1326. New appraisement.
Art. 1326. New appraisement. In this case the judge is bound to order a new appraisement of the effects to be divided, which shall be made by experts appointed by him to that effect, and duly sworn by the officer who is appointed to make the proces verbal of the appraisement.
Art. 1327. Repealed by Acts 1960, No. 30, 2, eff. Jan. 1, 1961.
Art. 1327. Repealed by Acts 1960, No. 30, §2, eff. Jan. 1, 1961.
Art. 1328. Summary proceeding for action of partition.
Art. 1328. Summary proceeding for action of partition. The judge, before whom the action of partition is brought, is bound to pronounce thereon in a summary manner, by which is always meant with the least possible delay and * in preference to the ordinary suits pending before him. * English translation of French text incomplete; […]
Art. 1329. Parties plaintiff and defendant.
Art. 1329. Parties plaintiff and defendant. The suit for partition ought to be instituted by the heir who wishes the division; the coheirs or their representatives must be cited, in order that the partition may be ordered, and the form thereof determined, if there should be any dispute in this respect.
Art. 1330. Plaintiff’s admission of defendant’s heirship.
Art. 1330. Plaintiff’s admission of defendant’s heirship. He who sues another for a partition of the effects of a succession, confesses thereby that the person against whom the suit is brought is an heir.
Art. 1331. Collation in action of partition; time for deliberating.
Art. 1331. Collation in action of partition; time for deliberating. If a partition is to be made among the children or descendants of the deceased, and one of the heirs alleges that his coheir is bound to collate an immovable, which has been given him by the deceased, and requires that his coheir should decide […]
Art. 1332. Election to collate in kind.
Art. 1332. Election to collate in kind. If the donee, who is bound to collate an immovable given him by the deceased, declare within the term fixed, as aforesaid, that he will return it in kind, the property, from that instant, becomes united to the other effects of the succession which is to be divided.
Art. 1333. Election to collate by taking less; failure to elect.
Art. 1333. Election to collate by taking less; failure to elect. But if the donee declare that he will not return the immovable property which has been given him, but will take his share in the effects of the succession, after deducting the value of such immovable property, or if he permits the term, granted […]
Art. 1334. Appraisement of property to be collated.
Art. 1334. Appraisement of property to be collated. Whether the donee has decided that he will collate in kind or by taking less, the coheirs, to whom the collation is due, have the right, as soon as the donee has decided thereon, to require and obtain an order that the property subject to the collation […]
Art. 1335. Matters incidental to partition; procedure.
Art. 1335. Matters incidental to partition; procedure. All points, arising before the judge having cognizance of the suit for partition, on the manner of making the collation or other operations relating to the partition, being merely incidental to the suit, shall be decided on the simple motion of the party interested in having them decided, […]
Art. 1336. Judicial regulation of mode of partition.
Art. 1336. Judicial regulation of mode of partition. The judge who decides on a suit for a partition and on the mode of effecting it, has a right to regulate this mode as may appear to him most convenient and most advantageous for the general interest of the co-heirs, in conformity, nevertheless, with the following […]
Art. 1337. Partition in kind; sale of movables to pay debts.
Art. 1337. Partition in kind; sale of movables to pay debts. Each of the coheirs may demand in kind his share of the movables and immovables of the succession; but if there are creditors who have made any seizure or opposition, or if a majority of the coheirs are of opinion that the sale is […]
Art. 1338. Repealed by Acts 1991, No. 689, 1.
Art. 1338. Repealed by Acts 1991, No. 689, §1.
Art. 1339. Repealed by Acts 1991, No. 689, 1.
Art. 1339. Repealed by Acts 1991, No. 689, §1.
Art. 1340. Repealed by Acts 1991, No. 689, 1.
Art. 1340. Repealed by Acts 1991, No. 689, §1.
Art. 1341. Terms of sale of succession effects where all heirs are absent or minors.
Art. 1341. Terms of sale of succession effects where all heirs are absent or minors. When the effects of a succession are to be sold, in order to effect a partition, if all the heirs of the deceased are absent, minors or interdicted, the judge may, at the instance of the tutors and curators of […]