home4 – Louisiana Civil Code

Civil Code

Book III. Of the Different Modes of Acquiring the Ownership of Things

Preliminary Title--General Dispositions

Art. 870. Modes of acquiring ownership

A.  The ownership of things or property is acquired by succession either testate or intestate, by the effect of obligations, and by the operation of law.

B.  Testate and intestate succession rights, including the right to claim as a forced heir, are governed by the law in effect on the date of the decedent's death.

Acts 1981, No. 919, §1, eff. Jan. 1, 1982; Acts 2001, No. 560, §1, eff. June 22, 2001.

Title I. Of Successions

Chapter 1. Of the Different Sorts of Successions and Successors

Art. 871. Meaning of succession

 Succession is the transmission of the estate of the deceased to his successors. The successors thus have the right to take possession of the estate of the deceased after complying with applicable provisions of law.

Acts 1981 No. 919, §1, eff. Jan. 1, 1982.

Art. 872. Meaning of estate

 The estate of a deceased means the property, rights, and obligations that a person leaves after his death, whether the property exceeds the charges or the charges exceed the property, or whether he has only left charges without any property. The estate includes not only the rights and obligations of the deceased as they exist at the time of death, but all that has accrued thereto since death, and the new charges to which it becomes subject.

Acts 1981, No. 919, §1, eff. Jan. 1, 1982.

Art. 873. Kinds of succession

There are two kinds of succession: testate and intestate.

Acts 1981, No. 919, §1, eff. Jan. 1, 1982.

Art. 874. Testate succession

Testate succession results from the will of the deceased, contained in a testament executed in a form prescribed by law. This kind of succession is covered under the Title: Of donations inter vivos and mortis causa.

Acts 1981, No. 919, §1, eff. Jan. 1, 1982.

Art. 875. Intestate succession

 Intestate succession results from provisions of law in favor of certain persons, in default of testate successors. Intestate succession is the subject of the present title.

Acts 1981, No. 919, §1, eff. Jan. 1, 1982.

Art. 876. Kinds of successors

There are two kinds of successors corresponding to the two kinds of succession described in the preceding articles:

Testate successors, also called legatees.

Intestate successors, also called heirs.

Acts 1981, No. 919, §1, eff. Jan. 1, 1982.

Chapter 2. Of Intestate Succession

Art. 880. Intestate succession

  In the absence of valid testamentary disposition, the undisposed property of the deceased devolves by operation of law in favor of his descendants, ascendants, and collaterals, by blood or by adoption, and in favor of his spouse not judicially separated from him, in the order provided in and according to the following articles.

Acts 1981, No. 919, §1, eff. Jan. 1, 1982.

Art. 881. Representation:  effect

Representation is a fiction of the law, the effect of which is to put the representative in the place, degree, and rights of the person represented.

Acts 1981, No. 919, §1, eff. Jan. 1, 1982.

Art. 882. Representation in direct line of descendants

Representation takes place ad infinitum in the direct line of descendants.  It is permitted in all cases, whether the children of the deceased concur with the descendants of the predeceased child, or whether, all the children having died before him, the descendants of the children be in equal or unequal degrees of relationship to the deceased.  For purposes of forced heirship, representation takes place only as provided in Article 1493.

Acts 1981, No. 919, §1, eff. Jan. 1, 1982; Acts 1990, No. 147, §1, eff. July 1, 1990; Acts 1995, No. 1180, §1, eff. Jan. 1, 1996.

Art. 883. Representation of ascendants not permissible

Representation does not take place in favor of the ascendants, the nearest relation in any degree always excluding those of a more remote degree.

Acts 1981, No. 919, §1, eff. Jan. 1, 1982.

Art. 884. Representation in collateral line

In the collateral line, representation is permitted in favor of the children and descendants of the brothers and sisters of the deceased, whether they succeed in concurrence with their uncles and aunts, or whether, the brothers and sisters of the deceased having died, their descendants succeed in equal or unequal degrees.

Acts 1981, No. 919, §1, eff. Jan. 1, 1982.

Art. 885. Basis of partition in cases of representation

 In all cases in which representation is permitted, the partition is made by roots; if one root has produced several branches, the subdivision is also made by roots in each branch, and the members of the same branch take by heads.

Acts 1981, No. 919, §1, eff. Jan. 1, 1982.

Art. 886. Representation of deceased persons only

Only deceased persons may be represented.

Acts 1981, No. 919, §1, eff. Jan. 1, 1982

Art. 887. Representation of decedent whose succession was renounced

One who has renounced his right to succeed to another may still enjoy the right of representation with respect to that other.

Acts 1981, No. 919, §1, eff. Jan. 1, 1982.

Art. 888. Succession rights of descendants

Descendants succeed to the property of their ascendants. They take in equal portions and by heads if they are in the same degree. They take by roots if all or some of them succeed by representation.

Acts 1981, No. 919, §1, eff. Jan. 1, 1982.

Art. 889. Devolution of community property

If the deceased leaves no descendants, his surviving spouse succeeds to his share of the community property.

Acts 1981, No. 919, §1, eff. Jan. 1, 1982.

Art. 890. Usufruct of surviving spouse

If the deceased spouse is survived by descendants, the surviving spouse shall have a usufruct over the decedent's share of the community property to the extent that the decedent has not disposed of it by testament.  This usufruct terminates when the surviving spouse dies or remarries, whichever occurs first.

Acts 1981, No. 919, §1.  Amended by Acts 1982, No. 445, §1; Acts 1990, No. 1075, §1, eff. July 27, 1990; Acts 1996, 1st Ex. Sess., No. 77, §1.

Art. 891. Devolution of separate property;  parents and brothers and sisters

If the deceased leaves no descendants but is survived by a father, mother, or both, and by a brother or sister, or both, or descendants from them, the brothers and sisters or their descendants succeed to the separate property of the deceased subject to a usufruct in favor of the surviving parent or parents.  If both parents survive the deceased, the usufruct shall be joint and successive.

Acts 1981, No. 919, §1, eff. Jan. 1, 1982; Acts 2004, No. 26, §1.

Art. 892. Devolution of separate property in absence of parents or in absence of brothers and sisters

If the deceased leaves neither descendants nor parents, his brothers or sisters or descendants from them succeed to his separate property in full ownership to the exclusion of other ascendants and other collaterals.

If the deceased leaves neither descendants nor brothers or sisters, nor descendants from them, his parent or parents succeed to the separate property to the exclusion of other ascendants and other collaterals.

Acts 1981, No. 919, §1, eff. Jan. 1, 1982.

Art. 893. Brothers and sisters related by half-blood

The property that devolves to the brothers or sisters is divided among them equally, if they are all born of the same parents. If they are born of different unions, it is equally divided between the paternal and maternal lines of the deceased: brothers or sisters fully related by blood take in both lines and those related by half-blood take each in his own line. If there are brothers or sisters on one side only, they take the entirety to the exclusion of all relations in the other line.

Acts 1981, No. 919, §1, eff. Jan. 1, 1982.

Art. 894. Separate property;  rights of surviving spouse

If the deceased leaves neither descendants, nor parents, nor brothers, sisters, or descendants from them, his spouse not judicially separated from him shall succeed to his separate property to the exclusion of other ascendants and other collaterals.

Acts 1981, No. 919, §1, eff. Jan. 1, 1982.

Art. 895. Separate property;  rights of other ascendants

If a deceased leaves neither descendants, nor brothers, sisters, or descendants from them, nor parents, nor spouse not judicially separated, his other ascendants succeed to his separate property.  If the ascendants in the paternal and maternal lines are in the same degree, the property is divided into two equal shares, one of which goes to the ascendants on the paternal side, and the other to the ascendants on the maternal side, whether the number of ascendants on each side be equal or not.  In this case, the ascendants in each line inherit by heads.

If there is in the nearest degree but one ascendant in the two lines, such ascendant excludes ascendants of a more remote degree.

Acts 1981, No. 919, §1, eff. Jan. 1, 1982.

Art. 896. Separate property;  rights of other collaterals

If the deceased leaves neither descendants, nor brothers, sisters, or descendants from them, nor parents, nor spouse not judicially separated, nor other ascendants, his other collaterals succeed to his separate property. Among the collateral relations, the nearest in degree excludes all the others. If there are several in the same degree, they take equally and by heads.

Acts 1981, No. 919, §1, eff. Jan. 1, 1982.

Art. 897. Ascendant's right to inherit immovables donated to descendant

Ascendants, to the exclusion of all others, inherit the immovables given by them to their children or their descendants of a more remote degree who died without posterity, when these objects are found in the succession.

If these objects have been alienated, and the price is yet due in whole or in part, the ascendants have the right to receive the price. They also succeed to the right of reversion on the happening of any event which the child or descendant may have inserted as a condition in his favor in disposing of those objects.

Acts 1981, No. 919, §1, eff. Jan. 1, 1982.

Art. 898. Reversion of property subject to encumbrances and succession debts

Ascendants inheriting the things mentioned in the preceding article, which they have given their children or descendants who die without issue, take them subject to all the mortgages which the donee may have imposed on them during his life.

Also ascendants exercising the right of reversion are bound to contribute to the payment of the debts of the succession, in proportion to the value of the objects given.

Acts 1981, No. 919, §1, eff. Jan. 1, 1982.

Art. 899. Nearest in degree among more remote relations

 Among the successors in each class the nearest relation to the deceased, according to the following articles, is called to succeed.

Acts 1981, No. 919, §1, eff. Jan. 1, 1982.

Art. 900. Degrees of relationship

The propinquity of consanguinity is established by the number of generations, and each generation is called a degree.

Acts 1981, No. 919, §1, eff. Jan. 1, 1982.

Art. 901. Direct and collateral relationship

The series of degrees forms the line. The direct line is the series of degrees between persons who descend one from another. The collateral line is the series of degrees between persons who do not descend one from another, but who descend from a common ancestor.

In the direct line, the number of degrees is equal to the number of generations between the heir and the deceased. In the collateral line, the number of degrees is equal to the number of generations between the heir and the common ancestor, plus the number of generations between the common ancestor and the deceased.

Acts 1981, No. 919, §1, eff. Jan. 1, 1982.

Chapter 3. Of the Rights of the State

Art. 902. Rights of the state

In default of blood, adopted relations, or a spouse not judicially separated, the estate of the deceased belongs to the state.

Acts 1981, No. 919, §1, eff. Jan. 1, 1982.

Chapter 4. Commencement of Succession

Art. 934. Commencement of succession

Succession occurs at the death of a person.

Acts 1997, No. 1421, §1, eff. July 1, 1999.

Art. 935. Acquisition of ownership;  seizin

Immediately at the death of the decedent, universal successors acquire ownership of the estate and particular successors acquire ownership of the things bequeathed to them.

Prior to the qualification of a succession representative only a universal successor may represent the decedent with respect to the heritable rights and obligations of the decedent.

Acts 1997, No. 1421, §1, eff. July 1, 1999.

Art. 936. Continuation of the possession of decedent

The possession of the decedent is transferred to his successors, whether testate or intestate, and if testate, whether particular, general, or universal legatees.

A universal successor continues the possession of the decedent with all its advantages and defects, and with no alteration in the nature of the possession.

A particular successor may commence a new possession for purposes of acquisitive prescription.

Acts 1997, No. 1421, §1, eff. July 1, 1999.

Art. 937. Transmission of rights of successor

The rights of a successor are transmitted to his own successors at his death, whether or not he accepted the rights, and whether or not he knew that the rights accrued to him.

Acts 1997, No. 1421, §1, eff. July 1, 1999.

Art. 938. Exercise of succession rights

A. Prior to the qualification of a succession representative, a successor may exercise rights of ownership with respect to his interests in a thing of the estate as well as his interest in the estate as a whole.

B. If a successor exercises his rights of ownership after the qualification of a succession representative, the effect of that exercise is subordinate to the administration of the estate.

Acts 1997, No. 1421, §1, eff. July 1, 1999; Acts 2001, No. 556, §1, eff. June 22, 2001.

 

Chapter 5. Loss of Succession Rights

Art. 939. Existence of successor

A successor must exist at the death of the decedent.

Acts 1997, No. 1421, §1, eff. July 1, 1999.

Art. 940. Same;  unborn child

An unborn child conceived at the death of the decedent and thereafter born alive shall be considered to exist at the death of the decedent.

Acts 1997, No. 1421, §1, eff. July 1, 1999.

Art. 941. Declaration of unworthiness

A successor shall be declared unworthy if he is convicted of a crime involving the intentional killing, or attempted killing, of the decedent or is judicially determined to have participated in the intentional, unjustified killing, or attempted killing, of the decedent.  An action to declare a successor unworthy shall be brought in the succession proceedings of the decedent.

An executive pardon or pardon by operation of law does not affect the unworthiness of a successor.

Acts 1997, No. 1421, §1, eff. July 1, 1999.

Art. 942. Persons who may bring action

A.  An action to declare a successor unworthy may be brought only by a person who would succeed in place of or in concurrence with the successor to be declared unworthy, or by one who claims through such a person.

B.  When a person who may bring the action is a minor or an interdict, the court, on its own motion, or on the motion of any family member, may appoint an attorney to represent the minor or interdict for purposes of investigating and pursuing an action to declare a successor unworthy.

Acts 1997, No. 1421, §1, eff. July 1, 1999; Acts 2001, No. 824, §1.

Art. 943. Reconciliation or forgiveness

A successor shall not be declared unworthy if he proves reconciliation with or forgiveness by the decedent.

Acts 1997, No. 1421, §1, eff. July 1, 1999.

Art. 944. Prescription

An action to declare a successor unworthy is subject to a liberative prescription of five years from the death of the decedent as to intestate successors and five years from the probate of the will as to testate successors.

Acts 1997, No. 1421, §1, eff. July 1, 1999.

Art. 945. Effects of declaration of unworthiness

A judicial declaration that a person is unworthy has the following consequences:

(1)  The successor is deprived of his right to the succession to which he had been called.

(2)  If the successor has possession of any property of the decedent, he must return it, along with all fruits and products he has derived from it.  He must also account for an impairment in value caused by his encumbering it or failing to preserve it as a prudent administrator.

(3)  If the successor no longer has possession because of a transfer or other loss of possession due to his fault, he must account for the value of the property at the time of the transfer or other loss of possession, along with all fruits and products he has derived from it.

He must also account for any impairment in value caused by his encumbering the property or failing to preserve it as a prudent administrator before he lost possession.

(4)  If the successor has alienated, encumbered, or leased the property by onerous title, and there is no fraud on the part of the other party, the validity of the transaction is not affected by the declaration of unworthiness.  But if he has donated the property and it remains in the hands of the donee or the donee's successors by gratuitous title, the donation may be annulled.

(5)  The successor shall not serve as an executor, trustee, attorney or other fiduciary pursuant to a designation as such in the testament or any codicils thereto.  Neither shall he serve as administrator, attorney, or other fiduciary in an intestate succession.

Acts 1997, No. 1421, §1, eff. July 1, 1999.

Art. 946. Devolution of succession rights of successor declared unworthy

A.  If the decedent died intestate, when a successor is declared unworthy his succession rights devolve as if he had predeceased the decedent; but if the decedent died testate, then the succession rights devolve in accordance with the provisions for testamentary accretion as if the unworthy successor had predeceased the testator.

B.  When the succession rights devolve upon a child of the  successor who is declared unworthy, the unworthy successor and the other parent of the child cannot claim a legal usufruct upon the property inherited by their child.

Acts 1997, No. 1421, §1, eff. July 1, 1999; Acts 2001, No. 824, §1.

Chapter 6. Acceptance and Renunciation of Successions

Section 1. General Principles

Art. 947. Right of successor to accept or renounce

A successor is not obligated to accept rights to succeed.  He may accept some of those rights and renounce others.

Acts 1997, No. 1421, §1, eff. July 1, 1999.

Art. 948. Minor successor deemed to accept

A successor who is a minor is deemed to accept rights to succeed, but his legal representative may renounce on behalf of the minor when expressly authorized by the court.

Acts 1997, No. 1421, §1, eff. July 1, 1999.

Art. 949. Death of decedent as prerequisite to acceptance or renunciation

A person may not accept or renounce rights to succeed before the death of the decedent.

Acts 1997, No. 1421, §1, eff. July 1, 1999.

Art. 950. Knowledge required of successor as prerequisite to acceptance or renunciation

An acceptance or renunciation is valid only if the successor knows of the death of the person to be succeeded and knows that he has rights as a successor.  It is not necessary that he know the extent of those rights or the nature of his relationship to the decedent.

Acts 1997, No. 1421, §1, eff. July 1, 1999.

Art. 951. Nullity of premature acceptance or renunciation

A premature acceptance or renunciation is absolutely null.

Acts 1997, No. 1421, §1, eff. July 1, 1999.

Art. 952. Probate or annulment of testament after acceptance or renunciation of succession

An acceptance or renunciation of rights to succeed by intestacy is null if a testament is subsequently probated or given the effect of probate.  An acceptance or renunciation of rights to succeed in a testate succession is null if the probate of the testament is subsequently annulled or the rights are altered, amended, or revoked by a subsequent testament or codicil.

Acts 1997, No. 1421, §1, eff. July 1, 1999; Acts 2001, No. 824, §1.

Art. 953. Legacy subject to a suspensive condition

A legacy that is subject to a suspensive condition may be accepted or renounced either before or after the fulfillment of the condition.

Acts 1997, No. 1421, §1, eff. July 1, 1999.

Art. 954. Retroactive effects of acceptance and renunciation

To the extent that he accepts rights to succeed, a successor is considered as having succeeded to those rights at the moment of death of the decedent.  To the extent that a successor renounces rights to succeed, he is considered never to have had them.

Acts 1997, No. 1421, §1, eff. July 1, 1999.

Art. 956. Claims of successor who is a creditor of the estate

A successor may assert a claim that he has as a creditor of the estate whether he accepts or renounces his succession rights.

Acts 1997, No. 1421, §1, eff. July 1, 1999.

Section 2. Acceptance

Art. 957. Formal or informal acceptance

Acceptance may be either formal or informal.  It is formal when the successor expressly accepts in writing or assumes the quality of successor in a judicial proceeding.  It is informal when the successor does some act that clearly implies his intention to accept.

Acts 1997, No. 1421, §1, eff. July 1, 1999.

Art. 958. Informal acceptance;  use or disposition of property

Acts of the successor concerning property that he does not know belongs to the estate do not imply an intention to accept.

Acts 1997, No. 1421, §1, eff. July 1, 1999.

Art. 959. Informal acceptance;  act of ownership

An act of ownership that can be done only as a successor implies acceptance, but an act that is merely administrative, custodial, or preservative does not imply acceptance.

Acts 1997, No. 1421, §1, eff. July 1, 1999.

Art. 960. Donative renunciation deemed acceptance

A renunciation shall be deemed to be an acceptance to the extent that it causes the renounced rights to devolve in a manner other than that provided by law or by the testament if the decedent died testate.

Acts 1997, No. 1421, §1, eff. July 1, 1999.

Art. 961. Effect of acceptance

Acceptance obligates the successor to pay estate debts in accordance with the provisions of this Title and other applicable laws.

Acts 1997, No. 1421, §1, eff. July 1, 1999.

Art. 962. Presumption of acceptance

In the absence of a renunciation, a successor is presumed to accept succession rights.  Nonetheless, for good cause the successor may be compelled to accept or renounce.

Acts 1997, No. 1421, §1, eff. July 1, 1999.

Section 3. Renunciation

Art. 963. Requirement of formality

Renunciation must be express and in writing.

Acts 1997, No. 1421, §1, eff. July 1, 1999.

Art. 964. Accretion upon renunciation in intestate successions

The rights of an intestate successor who renounces accrete to those persons who would have succeeded to them if the successor had predeceased the decedent.

Acts 1997, No. 1421, §1, eff. July 1, 1999.

Art. 965. Accretion upon renunciation in testate successions

In the absence of a governing testamentary disposition, the rights of a testate successor who renounces accrete to those persons who would have succeeded to them if the legatee had predeceased the decedent.

Acts 1997, No. 1421, §1, eff. July 1, 1999; Acts 2001, No. 824, §1.

Art. 966. Acceptance or renunciation of accretion

A person to whom succession rights accrete may accept or renounce all or part of the accretion.  The acceptance or renunciation of the accretion need not be consistent with his acceptance or renunciation of other succession rights.

Acts 1997, No. 1421, §1, eff. July 1, 1999.

Section 4. Acceptance of Succession by Creditors

Art. 967. Acceptance of succession by creditor

A creditor of a successor may, with judicial authorization, accept succession rights in the successor's name if the successor has renounced them in whole or in part to the prejudice of his creditor's rights.  In such a case, the renunciation may be annulled in favor of the creditor to the extent of his claim against the successor, but it remains effective against the successor.

Acts 1997, No. 1421, §1, eff. July 1, 1999.

Chapter 8. Of the Administration of Vacant and Intestate Successions

Section 1. General Dispositions

Art. 1095. Vacant succession, definition

A succession is called vacant when no one claims it, or when all the heirs are unknown, or when all the known heirs to it have renounced it.

Art. 1096. Intestate succession, definition

A succession is called intestate when the deceased has left no will, or when his will has been revoked or annulled as irregular.

Therefore the heirs to whom a succession has fallen by the effects of law only, are called heirs ab intestato.

Art. 1097. Vacant succession;  administration by administrators

Vacant successions are administered by legal representatives known as administrators of vacant successions.

Amended by Acts 1960, No. 30, §1, eff. Jan. 1, 1961.

Art. 1100. Liability for unauthorized possession of vacant succession

In case any person shall take possession of a vacant succession, or a part thereof, without being duly authorized to that effect, with the intent of converting the same to his own use, he shall be liable to pay all the debts of the said estate, exclusive of the damages to be claimed by the parties who may have suffered thereby.

Section 4. Of the Duties and Powers of Curators of Vacant Successions and of Absent Heirs

Art. 1148. Interest on succession funds;  liability for private use

A curator of a vacant succession or of absent heirs, owes no interest on the sums of money in his hands belonging to the succession which he administers, but he is forbidden from using them on his private account, under the pain of dismissal and responsibility for all damages caused thereby.

Section 6. Of the Sale of the Effects and of the Settlement of Successions Administered by Curators

Art. 1171. Persons authorized to make sale

Representatives of successions shall have the right to cause sales of the property administered by them to be made either by the sheriff or an auctioneer, or to make it themselves; but in the event of making the sales themselves, they shall receive no commission therefor.

Art. 1188. Unpaid new creditors' action against paid creditors;  prescription

If, after the creditors of the succession have been paid by the curator, in conformity with the dispositions of the preceding articles, creditors present themselves, who have not made themselves known before, and if there does not remain in the hands of the curator a sum sufficient to pay what is due them, in whole or in part, these creditors have an action against those who have been paid, to compel them to refund the proportion they are bound to contribute, in order to give the new creditors a part equal to that which they would have received, had they presented themselves at the time of the payment of the debts of the succession.

But this action on the part of the creditors who have not been paid, against the creditors who have been, is prescribed by the lapse of three years, counting from the date of the order or judgment, in virtue of which the payment has been made.

In all these cases, the creditors who have thus presented themselves can in no manner disturb the curator on account of the payments he has made under the authorization of the judge, as before stated.

Section 7. Of the Account to Be Rendered by the Curators and the Commission Due to Them

Art. 1192. Termination of curator's duties on appearance of heirs

The duties of the curators cease when the heirs, or other persons having a right to the succession administered by them, present themselves or send their powers of attorney to claim the succession, and furnish security if required by law.

Amended by Acts 1981, No. 254, §1.

Chapter 11. Of Collations

Section 1. What Collation is, and by Whom It is Due

Art. 1227. Collation, definition

The collation of goods is the supposed or real return to the mass of the succession which an heir makes of property which he received in advance of his share or otherwise, in order that such property may be divided together with the other effects of the succession.

Art. 1228. Collation by descendants

A.  Children or grandchildren, coming to the succession of their fathers, mothers, or other ascendants, must collate what they have received from them by donation inter vivos, directly or indirectly, and they cannot claim the legacies made to them by such ascendants unless the donations and legacies have been made to them expressly as an advantage over their coheirs and besides their portion.

B.  This rule takes place whether the children or their descendants succeed to their ascendants as legal or as testamentary heirs.

Acts 2001, No. 572, §1.

Art. 1229. Reasons for collation

The obligation of collating is founded on the equality which must be naturally observed between children and other lawful descendants, who divide among them the succession of their father, mother and other ascendants; and also on the presumption that what was given or bequeathed to children * by their ascendants was so disposed of in advance of what they might one day expect from their succession.

* English translation of French text incomplete; should include "or descendants."

Art. 1230. Presumption in favor of collation

Collation must take place, whether the donor has formerly [formally] ordered it, or has remained silent on the subject; for collation is always presumed, where it has not been expressly forbidden.

Art. 1231. Express exclusion of collation;  extra portion

But things given or bequeathed to children or other descendants by their ascendants, shall not be collated, if the donor has formally expressed his will that what he thus gave was an advantage or extra part, unless the value of the object given exceed the disposable portion, in which case the excess is subject to collation.

Art. 1232. Method of declaring dispensation from collation

The declaration that the gift or legacy is made as an advantage or extra portion may be made in the instrument where such disposition is contained, or afterwards by an act passed before a notary and two witnesses, or in the donor's last will and testament.  Unless expressly stated to the contrary, a declaration of dispensation from collation made in the last will and testament of the donor shall be effective as a dispensation from collating donations made both before and after execution of said testament.

Acts 1986, No. 246, §1.

{{NOTE:  SEE ACTS 1986, NO. 246, §2.}}

Art. 1233. Sufficiency of declaration

The declaration that the gift or legacy is intended as an advantage or extra portion, may be made in other equivalent terms, provided they indicate, in an unequivocal manner, that such was the will of the donor.

Art. 1234. Reduction of donations exceeding disposable portion;  calculation of legitime

If, upon calculation of the value of advantages thus given, and of the other effects remaining in the succession, such remaining part should prove insufficient to give to the other children their legitimate portion, the donee would then be obliged to collate the sum by him received, as far as necessary to complete such portion, though he would wish to keep the donation, and renounce the inheritance; and in this calculation of the legitimate portion, the property given or bequeathed by the ascendants, not only to their children, but even to all other persons, whether relations or strangers, must be included.

Art. 1235. Persons entitled to demand collation

The right to demand collation is confined to descendants of the first degree who qualify as forced heirs, and only applies with respect to gifts made within the three years prior to the decedent's death, and valued as of the date of the gift.  Any provision of the Civil Code to the contrary is hereby repealed.

Acts 1996, 1st Ex. Sess., No. 77, §1.

Art. 1237. Renouncing heir's right to donations not exceeding disposable portion

If children, or other lawful descendants holding property or legacies subject to be collated, should renounce the succession of the ascendant, from whom they have received such property, they may retain the gift, or claim the legacy to them made, without being subject to any collation.

If, however, the remaining amount of the inheritance should not be sufficient for the legitimate portion of the other children, including in the succession of the deceased the property which the person renouncing would have collated, had he become heir, he shall then be obliged to collate up to the sum necessary to complete such legitimate portion.

Art. 1238. Grandchildren;  collation of donations made by grandparent after death of parent

A.  To make descendants liable to collation, as prescribed in the preceding Articles, they must appear in the quality of heirs to the succession of the ascendants from whom they immediately have received the gift or legacy.

B.  Therefore, grandchildren, to whom a gift was made or a legacy left by their grandfather or grandmother, after the death of their father or mother, are obliged to collate, when they are called to the inheritance of the grandfather or grandmother, jointly with the other grandchildren, or by representation with their uncles or aunts, brothers or sisters of their father or mother, because it is presumed that their grandfather or grandmother had intended to make the gift, or leave the legacy by anticipation.

Acts 1990, No. 147, §1, eff. July 1, 1990; Acts 1995, No. 1180, §1, eff. Jan. 1, 1996.

Art. 1239. Grandchildren;  right to donations made by grandparent during life of parent

A.  But gifts made or legacies left to a grandchild by his grandfather or grandmother during the life of his father, are always reputed to be exempt from collation.

B.  The father, inheriting from the grandfather, is not liable to collate the gifts or legacies left to his child.

Acts 1990, No. 147, §1, eff. July 1, 1990; Acts 1995, No. 1180, §1, eff. Jan. 1, 1996.

Art. 1240. Grandchildren;  collation of donations made by grandparent to parent

In like manner, the grandchild, when inheriting in his own right from the grandfather or grandmother, is not obliged to refund the gifts made to his father, even though he should have accepted the succession; but if the grandchild comes in only by right of representation, he must collate what had been given to his father, even though he should have renounced his inheritance.

Art. 1241. Collation by great grandchildren and more remote descendants

What has been said in the three preceding articles, of grandchildren inheriting from their grandfather or grandmother, must be understood of the great-grandchildren and other lawful descendants called to inherit from their ascendants, either in their own name or by right of representation.

Section 2. To Whom the Collation is Due, and What Things Are Subject to It

Art. 1242. Collation;  succession of donor

The collation is made only to the succession of the donor.

Amended by Acts 1980, No. 565, §4.

Art. 1243. Expenditures subject to collation

Collation is due for what has been expended by the father and mother to procure an establishment of their descendant coming to their succession, or for the payment of his debts.

Amended by Acts 1979, No. 711, §1; Acts 2004, No. 26, §1.

Art. 1244. Expenditures not subject to collation

Neither the expenses of board, support, education and apprenticeship are subject to collation, nor are marriage presents which do not exceed the disposable portion.

Art. 1245. Manual gifts

The same rule is established with respect to things given by a father, mother or other ascendant, by their own hands, to one of their children * for his pleasure or other use.

* English translation of French text incomplete; should include "or descendants."

 

Art. 1246. Profits from contracts with ascendant

The heir is not bound to collate the profits he has made from contracts made with his ascendant to whom he succeeds unless the contracts, at the time of their being made, gave the heir some indirect advantage.

Art. 1247. Share of partnership with ascendant

Also no collation is due for a partnership made without fraud with the deceased, if the conditions of the partnership are proved by an authentic act.

Art. 1248. Advantages other than donation

The advantage which a father bestows upon his son, though in any other manner than by donation or legacy, is likewise subject to collation.  Thus, when a father has sold a thing to his son at a very low price, or has paid for him the price of some purchase, for [or] has spent money to improve his son's estate, all that is subject to collation.

Art. 1249. Wages for services to ascendant

The obligation of collation does not exclude the child or descendant coming to the succession of his father, mother or other ascendant, from claiming wages which may be due to him for having administered the property of the ascendant, or for other services.

Art. 1250. Immovables destroyed while in possession of donee

Immovable property, given by a father, mother or other ascendant, to one of their children or descendants, and which has been destroyed by accident, while in the possession of the donee and without his fault, previous to the opening of the succession, is not subject to collation.

If, on the contrary, it is by the fault or negligence of the donee that the immovable property has been destroyed, he is bound to collate to the amount of the value which the property would have had at the time of the opening of the succession.

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

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

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

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

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 which case it can not be made in any other manner than that prescribed by the donor, unless it be with the consent of the other heirs who must be all of age, present or represented in this State.

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

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

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, and leave things in the same situation they were at the time of the donation.

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 estate can be preserved.

Expenses for mere pleasure are those which are only made for the accommodation or convenience of the owner or possessor of the estate, and which do not increase its value.

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

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 fault of the donee, the loss is borne by the succession, and the donee shall not be bound to collate the value of the property.

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

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 not been destroyed.

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 of the value of the immovable.

Amended by Acts 1981, No. 739, §1.

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 other movables or immovables of the succession, the creditor shall have a privilege for the amount of his mortgage on the property which has thus fallen to his debtor by the partition.

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

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 made of immovable property given him otherwise than as advantage or extra portion.

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 deducting the amount of the damage the estate has suffered through his fault or neglect, as is before provided.

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 deduction being made for the expenses incurred thereon, in conformity with what has been heretofore prescribed.

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 shall not be the less bound to make the collation of it, according to the value which the immovable would have had at the time of the opening of the succession, deducting expenses, as is provided in the foregoing Article.

Amended by Acts 1981, No. 739, §1.

Art. 1271. Forced alienation of immovables subject to collation

But if the donee has been forced to alienate the immovable property, he shall be obliged to collate by taking less the price he has received from this sale and no more.

As, for example, if the donee shall be obliged to submit to a sale of the immovable for some object of public utility, or to discharge a mortgage imposed by the donor, or because the immovable was held in common with another person who has prayed for the sale in order to obtain a partition of it.

Art. 1272. Sale by donee and subsequent destruction of immovable subject to collation

If the immovable property which has been given has been sold by the donee, and afterwards is destroyed by accident in the possession of the purchaser, the donee shall only be obliged to collate by taking less the price he received for the sale.

Art. 1273. Collation by taking less;  coheirs' election of collation by sale or in kind

When the collation is made by taking less, the coheirs to whom the collation is due have a right to require a sale of the property remaining to the succession, in order to be paid from the proceeds of this sale, not only the collation which is due to them, but the part which comes to them from the surplus of these proceeds, unless they prefer to pay themselves the amount of the collation due to them by taking such * movables and immovables of the succession as they may choose, according to the appraisement in the inventory, or the appraisement which serves as a basis to the partition.

* English translation of French text incomplete; should include "a proportionate value of."

Art. 1274. Failure of coheirs to make timely election

If the coheirs to whom the collation is made by taking less, wish that the effects of the succession be sold, in order that they may be paid what is due them, they are bound to decide thereon in three days from their being notified of the motion of the donee to that effect, before the judge of the partition, otherwise they shall be deprived of this right, and shall be considered as having consented to receive payment of the collation due them in effects and property of the succession, or otherwise from the hands of the donee.

Art. 1275. Payment of collation by sale of succession effects

When the coheirs, thus notified, require the sale of the effects of the succession to pay themselves the collation due them, the sale shall be made at public auction, in the same manner as when it is necessary to sell property held in common, in order to effect a partition.

Art. 1276. Payment of collation with property of succession

If, on the contrary, the coheirs to whom the collation is due prefer to be paid the amount thereof in property and effects of the succession, or are divested of their right to require the sale of these effects, * they shall be paid the amount of the collation in movables, immovables and other effects of the succession, in the same manner as is prescribed in the chapter which treats of partitions.

But in no case will these heirs be obliged to receive in payment credits of the succession.

* English translation of French text incomplete; should include "as is said in the preceding article."

Art. 1277. Payment of collation by donee where succession effects insufficient

If there are no effects in the succession, or not sufficient to satisfy the heirs to whom the collation is due, the amount of the collation, or the balance due on it, shall be paid them by the heir who owes the collation.

Art. 1278. Time and security for payment

This heir shall have one year to pay the sum thus by him due, if he furnish his coheirs with his obligation payable at that time, with eight per cent.  interest, and give a special mortgage to secure the payment thereof, either on the immovable property subject to the collation, if it is in his possession, or in want thereof, on some other immovable property which may suit the coheirs.

Art. 1279. Rights of coheirs against defaulting heir;  foreclosure of special mortgage

If the heir, who has been allowed to furnish his obligation as mentioned in the preceding article, fails to fulfill his engagement at the expiration of the year granted to him, the heirs, in whose favor this obligation has been made, or their representatives, have a right to cause the property mortgaged to them to be seized and sold, without any appraisement, and at the price offered at the first exposure for sale.

Art. 1280. Privilege of seizing coheirs on proceeds of mortgage sale

If the property thus seized and sold is the same which was subject to the collation, the coheirs seizing, or their representatives, shall be paid the amount of their debt due for the collation, by privilege and in preference to all the creditors of the donee, even to those to whom he may have mortgaged the property for his own debts or engagements, previous to the opening of the succession, saving to these mortgage creditors their recourse against other property of the donee.

Art. 1281. Alienation of immovable by donee by onerous title;  creation of real right in immovable by donee or operation of law

A.  If the donee who owes the collation has alienated by onerous title the immovable given to him, the coheirs shall not have the right to claim the immovable in the hands of the transferee.

B.  If the donee who owes the collation has created a real right by onerous title in the immovable given to him or such right has been created by operation of law since the donee received the immovable, the coheirs may claim the immovable in the hands of the donee but subject to such real right as has been created.  In such a case, the donee and his successors by gratuitous title are accountable for the resulting diminution of the value of the property.

Amended by Acts 1981, No. 739, §1.  Acts 1984, No. 869, §1.

Art. 1282. Purchaser's retention of immovable upon payment of collations

The third purchaser or possessor of the real estate subject to collation may avoid the effect of the action of revendication, by paying to the coheirs of the donee, to whom the collation is due, to wit: the excess of the value of the property above the disposable portion, if the donation has been made as an advantage or extra portion, or the whole of the value thereof, if the donation has been made without this provision, by fulfilling in this respect all the obligations by which the donee himself was bound towards the coheirs.

Art. 1283. Collation of movables

When movables have been given, the donee is not permitted to collate them in kind; he is bound to collate for them by taking less, according to their appraised value at the time of the donation, if there be any annexed to the donation.  In default thereof, recourse may be had to other evidence to establish the value of these movables at the time of the donation.

Art. 1284. Donation of movables as absolute transfer of rights

Therefore the donation of movables contains an absolute transfer of the rights of the donor to the donee in the movables thus given.

Art. 1285. Collation of money

The collation of money may be made in money or by taking less, at the choice of the donee who is bound to decide thereon, in the same manner as is prescribed for the collation of immovable property.

Art. 1286. Collation of movables or money by taking less;  payment in money

If it be movables or money, of which the donee wishes to make the collation by taking less, he has the right of compelling his coheirs to pay themselves the collation due to them in money, and not otherwise, if there be sufficient in the succession to make these payments with.

Art. 1287. Collation of movables or money by taking less;  payment in succession effects

But if there is not sufficient money in the succession to pay such heirs the collation due to them, they shall pay themselves by taking an equivalent in the other movables or immovables of the succession, as is directed with respect to the collation of immovable property.

Art. 1288. Payment of collation by donee where succession effects insufficient

In case there be no property or effects in the succession to satisfy the collations due for movables or money given, the donee shall have, for the payment of the sum due to his coheirs, the same terms of payment as are given for the payment of the amount of collations of immovable property, and under the same conditions as are before prescribed.

Chapter 12. Of the Partition of Successions

Section 1. Of the Nature of Partition, and of Its Several Kinds

Art. 1290. Extent and application of rules;  venue of action

All the rules, established in the present chapter, with the exception of that which relates to the collations, are applicable to partitions between coproprietors of the same thing when among the coproprietors any are absent, minors, or interdicted, or when the coproprietors of age and present can not agree on the partition and on the manner of making it.

But in these kinds of partitions the action must be brought before the judge of the place where the property to be divided is situated, wherever the parties interested may be domiciliated.

Art. 1291. Venue of action where property partly in different parishes

Whenever two or more persons shall be coproprietors of one continuous tract of land situated partly in different parishes, any one or more of the coproprietors may institute an action for partition of the whole of the tract in any one of such parishes.

Art. 1292. Undivided ownership rights until partition

When a person, at his decease, leaves several heirs, each of them becomes an undivided proprietor of the effects of the succession, for the part or portion coming to him, which forms among the heirs a community of property, as long as it remains undivided.

Art. 1293. Partition of a succession, definition

The partition of a succession is the division of the effects, of which the succession is composed, among all the coheirs, according to their respective rights.

Art. 1295. Definitive and provisional partitions, definitions

Every partition is either definitive or provisional:

Definitive partition is that which is made in a permanent and irrevocable manner;

Provisional partition is that which is made provisionally, either of certain things before the rest can be divided, or even of everything that is to be divided, when the parties are not in a situation to make an irrevocable partition.

Art. 1296. Definitive and provisional partitions, distinguished

By definitive partition is also understood the judicial partition, made according to law; and by provisional partition, that in which the formalities prescribed by law have not been observed, or that by which the parties are not definitively bound.

Art. 1297. Stipulations against partition

It can not be stipulated that there never shall be a partition of a succession or of a thing held in common.  Such a stipulation would be null and of no effect.

Art. 1299. Perpetual prohibition against partition by donor

A donor or testator can not order that the effects given or bequeathed by him to two or more persons in common, shall never be divided, and such a prohibition would be considered as if it were not made.

Art. 1300. Limited or conditional prohibition against partition by donor

But a donor or testator can order that the effects given or bequeathed by him, be not divided for a certain time, or until the happening of a certain condition.

But if the time fixed exceed five years, or if the condition do not happen within that term, from the day of the donation or of the opening of the succession, the judge, at the expiration of this term of five years, may order the partition, if it is proved to him that the coheirs can not agree among themselves, or * differ as to the administration of the common effects.

* Note error in English translation of French text; "that the coheirs can not agree among themselves, or" should be "that the indivision is a cause of disagreement between the coheirs, or that they."

Art. 1301. Testator's right to prohibit partition during minority of heirs

If the father or other ascendant orders by his will that no partition shall be made among his minor children or minor grandchildren inheriting from him, during the time of their minority, this prohibition must be observed, until one of the children or grandchildren comes of age, and demands the partition.

Art. 1302. Testamentary partition

There is no occasion for partition, if the deceased has regulated it between his lawful heirs, or strangers, or if the deceased has expressly delegated the authority to his executor to allocate specific assets to satisfy a legacy expressed in terms of a quantum or value; and in such case the judge must follow the will of the testator or his executor.

The same thing takes place when the testator has expressly assigned specific assets of his estate, or delegated the authority to assign specific assets of his estate, in satisfaction of the forced portion of his children.

Amended by Acts 1982, No. 448, §1.

Art. 1305. Prescription where possession is separate

When one of the heirs has enjoyed the whole or part of the succession separately, or all the coheirs have possessed separately each a portion of the hereditary effects, he or they who have thus separately possessed, can successfully oppose the suit for a partition of the effects of the succession, if their possession has continued thirty years without interruption.

Art. 1306. Prescription where one heir possesses separately and others possess in common

If there be but one of the heirs who has separately enjoyed a portion of the effects of the succession during thirty years, and all the other heirs have possessed the residue of the effects of the succession in common, the action of partition among the latter will always subsist.

Section 2. Among What Persons Partition Can Be Sued for

Art. 1307. Partition between heirs and legatees

A partition may be sued for by any heirs, testamentary or ab intestato.

It can also be sued for by any universal legatee or legatee under an universal title, and even by a particular legatee, when a thing has been bequeathed to him in common with one or more persons.

Art. 1308. Partition between owners in common

The action of partition will not only lie between co-heirs and co-legatees, but * between all persons who hold property in common, from whatever cause they may hold in common.

Amended by Acts 1871, No. 87.

* English translation of French text incomplete; should include "also."

Art. 1309. Partition between possessors in common

It is not indispensable to be owner in common in order to be able to support the action of partition; possession alone, when it is lawful and proceeds from a just title, will support it.

Thus, usufructuaries of the same estate can institute among themselves the action of partition.

Art. 1310. Nature of possession required

But the possession, necessary to support this action, must be in the names of the persons enjoying it, and for themselves; it can not be instituted by those who possess in the name of another, as tenants and depositaries.

Art. 1312. Partition suits by tutors and curators

Tutors of minors, and curators of persons interdicted have the right to institute in their names suits for the partition of the effects of successions, whether movable or immovable, falling to minors or persons interdicted, provided they are specially authorized by the judge on the advice of the family meeting.

Art. 1313. Partition suits by emancipated minors

Minors who are emancipated to enable them to administer their estate can, with the same authorization and with the assistance of their curators ad lites, sue for the partition of property in which they are interested.

Art. 1314. Defense of suits by tutors, curators and emancipated minors

But the authorization of the judge is not necessary to enable tutors or curators of minors or persons interdicted or minors emancipated, to answer suits for partition brought against them.

Art. 1315. Partition suits by curators of absent heirs

With regard to the absent coheirs, the curators who have been appointed to them, or the relations who have been put into possession of their effects, can sue or be sued for a partition as representing in every respect the absent heirs.

Art. 1318. Partition by or against heir or successor of co-owner

Not only the coheir himself, but the heirs of that coheir, and any other successor can compel a partition of the estate, * and be themselves compelled to make it.

* Note error in English translation of French text; "estate" should be "succession."

Art. 1319. Retrocession repealed

The right given by the ancient laws to the heirs of a deceased person, to compel the assignee or purchaser of a portion of the succession sold by their coheirs to retrocede it to them for the price paid for it, is repealed.

Art. 1320. Ownership as basis for action of partition

It is not necessary, to support the action of partition, that the coheirs, or the party commencing it, should be in actual possession of the succession or of the thing to be divided; for among coheirs and coproprietors, it is not the possession but the ownership, which is the basis of the action.

Art. 1321. Separate possession of one co-owner, partition before prescription

It follows from the provisions of the preceding article that the partition can be demanded, even though one of the heirs should have enjoyed some part of the estate * separately, if there has been no act of partition, nor possession sufficient to acquire prescription.

* Note error in English translation of French text; "estate" should be "effects of the succession."

Section 3. In What Manner the Judicial Partition is Made

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 the effects mentioned in the inventory have not been estimated at their just price, or at the value they have acquired since the date of this act.

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. 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; should include "by deciding this kind of cases."

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

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

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 on the manner in which he wishes to make this collation, the judge, if it be proved * that the coheir is bound to collate the property, shall order that the donee decide thereon, within a term to be fixed by the judge, which can not exceed three days from the day on which the order has been notified to him, if he or his representative is found in the place.

* English translation of French text incomplete; should include "or confessed."

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

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 to him to make his decision, to expire, without deciding on the manner in which he will make his collation, he shall lose the right of returning this property in kind.

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 be appraised, as is prescribed in the following section, in order that it may be included among the effects to be divided for the sum at which it is appraised.

 

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, the same being duly notified to the other heirs or their attorneys, and a reasonable time being granted to answer thereto.

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 provisions.

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 necessary in order to satisfy the debts and charges of the succession, the movables shall be sold at public auction, after the usual advertisements.