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SECTION 4. HOW THE RECORDER OF THE PARISH OR THE NOTARY IS BOUND TO PROCEED IN THE JUDICIAL PARTITION

Art. 1347. Notice to parties
The officer appointed to make the partition is bound, within fifteen days at farthest from the notice of his appointment, to notify the heirs of their representatives, in writing, of the day, hour, and place in which he is to commence his work, sufficient time previous thereto, to enable them to attend, if they think proper.

Art. 1348. Continuances of proceedings
As the business of partitions sometimes require several days, the officer may divide his proces verbal, and make as many vacation or sittings as he thinks proper.

Art. 1349. Settlement of accounts due by heirs to succession
On the day appointed for the partition, the officer shall begin by settling the accounts, which each of the heirs may owe to the succession.

Art. 1350. Items included in accounts
The officer shall include in these accounts:
1. The sums which each of the coheirs owes to the deceased;
2. Those which each of the coheirs may have received or disbursed on account of the succession, whether for the payment of debts or for necessary and useful expenses on the effects of the succession;
3. Those which each of the coheirs may owe by reason of damages or injury, which have been caused by his fault to the effects of the succession.

Art. 1351. Deduction of donations not subject to collation
The accounts being thus settled, the officer must deduct from the effects of the succession the things which have been bequeathed by the deceased, either to any of the coheirs beyond his portion when the collation is dispensed with, or to any other persons, as these things ought not be included in the mass of the effects to be divided.

Art. 1352. Court order as to mode of collation exhibited to officer
If the partition is to be made between children or legitimate descendants inheriting from their father, mother or other ascendant, and a collation is to be made, the officer shall cause the decree of the judge to be exhibited to him, by which it is decided whether the collation is to be made in kind, or by taking less.

Art. 1353. Inclusion of property collated in kind
If the collation is to be made in kind, the officer is bound to include the property collated in the number of the effects of the succession, for its estimated value, which shall have been fixed by experts appointed by the judge, as is said heretofore.

Art. 1354. Inclusion of value of property collated by taking less
If, on the contrary, the collation is to be made by taking less, the officer shall add to the credit of the estate the sum due by the heir who is bound to make the collation, according to the appraisement which shall have been made by experts appointed by the judge, separately from the other articles of the succession, in order that the other heirs may have a sum of money or some object equal to the estimated value of the property subject to collation.

Art. 1355. Formation of active mass
The officers [officer] shall then proceed to the formation of the active mass of the succession.

Art. 1356. Composition of active mass
This active mass shall be composed:
1. Of all the movables and immovables of the succession, which have not been sold, mention being made of their value, as stated in the inventory of the effects of the succession, or in the new appraisement which may have been made by experts appointed by the judge;
2. Of the price of the movables and immovables, which have been sold to effect the partition;
3. Of all the objects collated by the heirs, whether in kind or by taking less, in proportion to the appraised value given to them by the experts appointed by the judge;
4. Of all the sums, which the heirs may owe to the succession, according to the settled account;
5. Of all the debts due to the succession by other persons.

Art. 1357. Deductions from active mass
The active mass of the succession being thus formed, if there by no collation, or if the collations are made in kind, the officer proceeds to the deductions to be made from the mass, in order to ascertain the balance to be divided.

Art. 1358. Deductions, definition
By deduction is understood a portion or thing which an heir has a right to take from the mass of the succession before any partition takes place.

Art. 1359. Deductions allowed
The deductions, which are to be made before the partition of a succession, consist:
1. Of the sums due to one or more of the heirs for a debt due them by the deceased, or advance [advances] made to the succession, or expenses on its effects, according to the account settled among the heirs;
2. Of the amount owing to the heirs to whom a collation is due, when the collation is made by taking less, in order that the heirs may receive a portion equal to the amount of the collation which is due;
3. Of the privileged debts due or paid on account of the succession, which have been incurred since the death of the deceased, or in order to effect the partition.

Art. 1360. Deductions in absence of collation or when collation is in kind
When the collations have been made in kind, or when there is none to be made, the deductions are taken from the active mass of the succession, and the balance remaining forms the mass to be divided.

Art. 1361. Deductions, when collation is by taking less
But when the collation is made fictitiously and by taking less, the officer having formed the active mass of the succession, including the collation, deducts the sum at which the property collated is estimated, and on the mass thus reduced the deduction is made.

Art. 1362. Coheir's right to take succession effects in payment of collation
When the deduction which is to be made in favor of the heir to whom the collation is due, has been ascertained and established, according to the preceding article, if there be among the effects of the succession any movables or immovables, which this heir wishes to take at the estimated value in payment of the amount of the collation due to him, he can take them at his choice, and the officer shall give them to him.

Art. 1363. Disagreement among heirs entitled to receive collation in property
If there be two or more heirs, who have a right to receive the collation due to them in the property and effects of the succession, and they can not agree on the partition of the effects which they have thus chosen, the officer shall appoint experts to form allotments of these effects, for which the parties entitled to the collation shall draw lots, in the same manner as is hereafter prescribed for the formation and drawing of the lots of the definitive partition.

Art. 1364. Division into lots according to number of heirs or roots
When the deductions have been made, and those to whom the collations were due have received them, as is said in the preceding article, the officer divides what remains into as many equal lots as there are heirs, or roots entitled to a share.
No subdivision of the lots thus formed need be made between the individual coproprietors claiming under the same root.
A partition thus made, even without a subdivision being made of the lots to which each root may be entitled, shall be a definitive partition.

Art. 1365. Equality in formation of lots
In the formation and composition of the lots, care must be taken to avoid as much as possible the cantling of tenements, and not to separate what is necessary for the same cultivation. And there ought to be included, if possible, in each lot, the same quantity of movables, immovables, rights and credits of the same nature and value.

Art. 1366. Equalization by money when one lot more valuable than others
When the lots are of unequal value, such inequality is compensated by means of a return of money, which the coheir, having a lot of more value than the other, pays to his coheirs.

Art. 1367. Formation of lots by experts
The lots are formed by experts chosen for that purpose and sworn by the officer charged with the partition, and are afterwards drawn for by the coheirs.

Art. 1368. [Repealed by Acts 1960, No. 30, Section 2.]

Art. 1369. [Repealed by Acts 1962, No. 70.]

Art. 1370. Subdivision among coheirs of same root
The rules established for the division of estates to be partitioned, are equally applicable to the subdivisions to be made between the individual coproprietors claiming under the same root.

Art. 1371. Coheirs' proportionate liability for succession debts
No partition is made of the passive debts of the succession; each heir remains bound for the part he takes in the succession, but in order to equalize the shares, those heirs who take the largest allotments may be charged with the payment of a larger portion of the debts.

Art. 1372. Observance of formalities
Partitions, made agreeably to the above rules by tutors or curators of minors, or by curators of interdicted or absent persons, are definitive; but they are only provisional, if the rules have not been observed.

Art. 1373. Provisional partitions; persons authorized to demand new partition
When the partition is only provisional, absent persons, minors, and persons interdicted may, if they find themselves injured thereby, demand that another be made, as provided by the section relative to the rescission of partitions.
A minor may institute this action, even before he attains the age of majority.

Arts. 1374 through 1377. [Repealed by Acts 1960, No. 30, Section 2.]

Art. 1378. Errors of form, effect
The form in which the officer is directed to make the act of partition, as is above described, is not a matter of such strict law that nullity results from the act, in case of this officer making any change in the form; provided all the provisions of the law relating to the formation of the accounts between the parties, the deductions, the composition of the mass of the succession, the appointment and oaths of the experts and the making and drawing of the lots, have been observed in the partition, and the parties interested therein, or their representatives, have been duly notified to be present at the same.

Art. 1379. Delivery of property and title papers after partition
After the partition, delivery must be made to each of the coheirs, of the title papers of the objects fallen to his share.
The title papers of a divided property remain in the possession of the heir who has the most considerable part of it, under the obligation of producing them, when required by the coproprietors of the other part of the property.
Titles common to the whole inheritance shall be delivered to the person chosen by all the heirs to be the depositary of them, on condition of producing them as often as required. If they should not agree on that choice, such deposit shall be made by the order of the judge.

Art. 1380. Subsequent discovery of property, amendment of partition
If, after the partition, a discovery should be made of some property not included in it, the partition must be amended or made over again, either in totality, or of the discovered property alone.

Art. 1381. Repealed by Acts 1990, No. 989, § 7, eff. Jan. 1, 1991

SECTION 5. OF THE EFFECT OF PARTITION

Art. 1382. Partition compared to exchange
Partition is a sort of exchange, which the coheirs make among themselves, one giving up his right in the thing which he abandons for the right of the other in the thing he takes.

Art. 1383. Repealed by Acts 1991, No. 689, § 1

SECTION 6. OF THE WARRANTY OF PARTITION

Art. 1384. Reciprocal warranty against disturbance or eviction
The coheirs remain respectively bound to warrant, one to the other, the property falling to each of their shares against the disturbance and eviction which they may suffer, when the disturbance or eviction proceeds from a cause anterior to the partition.

Art. 1385. Exclusion of warranty
The warranty does not take place, if the kind of eviction suffered has been excepted by a particular and express clause of the act; but it can not be stipulated in a partition, by a general clause that there shall be no warranty among the coheirs for any kind of disturbance whatever.

Art. 1386. Eviction through fault of coheir
The warranty ceases, if it be by the fault of the coheir, that he has suffered the eviction.

Art. 1387. Proportionate liability of coheirs
Each of the coheirs is personally bound in proportion to his hereditary share, to indemnify his coheir for the loss which the eviction has caused him.

Art. 1388. Amount of indemnity
But the indemnity is only for the sum for which the object has been given by the partition to the heir who has suffered the eviction, and for the proportion which each of the heirs is bound to contribute, the amount of his own portion being extinguished by confusion; and the heir in this case has no right to claim remuneration from his coheirs for any damages which he may have suffered by the eviction.

Art. 1389. Liability of coheirs for portion of insolvent coheir
If one of the coheirs happens to be insolvent, the portion, for which he is bound, must be divided equally between the one who is guaranteed and the other coheirs who are solvent.

Art. 1390. Scope of warranty as to corporeal and incorporeal things
Warranty between coheirs has two different effects, according to the two kinds of property which may exist in the succession.
One composed of things which corporeally exist, whether they be movable or immovable, with regard to which warranty goes no farther than assuring them to belong to the succession.
The other kind consists of active debts and other rights, and with respect to these, they are not only guaranteed as belonging to the succession, but also as being such as they appear to be; that is to say, as being really due to the succession, and due by debtors solvent at the time of the partition, and who shall be so when the debt becomes payable, if it be not then due.

Art. 1391. Warranties always implied
The warranties mentioned in the preceding article exist of right, so that they are always implied, and the heirs are bound to them, though no mention be made thereof in the partition.

Art. 1392. Warranty of solvency of debtor of rent charge, prescription
The warranty of the solvency of the debtor of a rent charge can not be claimed after the lapse of five years from the partition.

Art. 1393. Subsequent deterioration or destruction of property
Where, after the partition, the thing decays by its nature, or perishes by accident, such loss gives rise to no action of warranty.

Art. 1394. New debts or charges
If, since the partition, debts or charges before unknown, are discovered, such new charges, whatever they may be, shall be supported by all the heirs, and they shall mutually guarantee each other.

Art. 1395. Tacit mortgage abolished
The tacit mortgage which resulted from the partition for the execution of all the obligations contained therein, no longer exists; but the heirs may stipulate a special mortgage.

Art. 1396. Prescription of action of warranty
The action of warranty among coheirs is prescribed by five years, and the time commences to run, to wit: for the property included in the partition, from the day of eviction; and for debts, from the day that the insolvency of the debtor is established by the discussion of his effects.

SECTION 7. OF THE RESCISSION OF PARTITION

Art. 1397, Art. 1398. Repealed by Acts 1991, No. 689, § 1

Art. 1399. Definitive partitions involving minors, interdicts, or absent persons
When partitions, in which minors, persons interdicted, or absent persons are interested, have been made with all the formalities prescribed by law for judicial partitions, they can not be rescinded for any other causes than those which would authorize the rescission of partitions made by persons of age and present.

Art. 1400. Provisional partitions involving minors, interdicts, or absent persons
But if these formalities have not been fulfilled, as the partition is only considered as provisional, it is not necessary to sue for the rescission of it, but a new partition may be demanded for the least lesion, which the minor, person interdicted, or absent person, may have suffered.

Art. 1401. Omission of succession effects not cause for rescission
The mere omission of a thing, belonging to the succession, is not ground for rescission, but simply for a supplementary partition.

Art. 1402. Rescission of transactions effecting partition
The action of the rescission mentioned in the foregoing articles takes place in the cases prescribed by law, not only against all acts bearing title of partition, but even against all those which tend to the division of property between coheirs, whether such acts be called sales, exchanges, compromises, or by any other name.

Art. 1403. Rescission inadmissible after compromise
But, after the partition, or the act operating the same effect, the action of rescission can no longer be admitted against a compromise made to put an end to disputes arising in consequence of the first act, although there should be no suit commenced on the subject.

Art. 1404. Rescission inadmissible against sale of succession rights
The action of rescission is not admitted against a sale of successive rights, made without fraud to one of the heirs and at his risk by the other coheirs or any of them.

Art. 1405. Sale of succession rights to coheir at risk of vendor, rescission inadmissible
The sale of successive rights by one heir to his coheir is not subject to rescission, if the purchaser has run no risk; as, for example, if the vendor remains bound for the payment of the debts.

Art. 1406. Sale to coheir of immovable rights only, rescission for lesion
In order that the purchaser be not liable to this action, it is besides necessary that the vendor should have ceded to him all his successive rights, that is, all the rights he had in the succession. If he has only sold his part in the immovables to be divided, this sale shall be subject to rescission for lesion beyond a fourth.

Art. 1407. Facts required to obtain rescission for lesion
This sale shall be subject to rescission, if it be proved that, at the time it was made, the purchaser alone knew the value of the succession, and permitted the vendor to remain in ignorance of it.

Art. 1408. Termination of partition suit by defendant's tender
The defendant in the suit for rescission may stop its course and prevent a new partition, by offering and giving to the plaintiff the supplement of his hereditary portion, either in money or in kind, provided the rescission is not demanded for cause of violence or fraud.

Art. 1409. Amount of tender
When the defendant is admitted to prevent a new partition, as is said in the preceding article, if he furnishes the supplement in money, it must be with interest from the day of the institution of the suit; if he furnishes it in effects, he is bound to restore the fruits from the same day.

Art. 1410. Rescission for fraud or violence inadmissible after alienation
The coheir who has alienated his share or part of it, is no longer admitted to bring the action of rescission for fraud or violence, if the alienation he has made was posterior to the discovery of the fraud, or to the cessation of the violence.

Art. 1411. Rescission inadmissible against partition regulated by father
If the partition has been regulated by the father among his children, no restitution can take place, even in favor of minors, when, by such partition, one or more of the heirs have received more than the others, unless that overplus should exceed the portion which the father had a right to dispose of.

Art. 1412. Rescission in favor of minor effective for all parties
The minor who obtains relief against a partition, relieves those of full age; for the partition can not subsist for one, and be annulled for another.

Art. 1413. Prescription of action of rescission
Suits for the rescission of partitions are prescribed by the lapse of five years from the date thereof, and in case of error and fraud, from the day in which they are discovered.

Art. 1414. Prescription against minors after judicial partition
This prescription, in case of lesion, runs against minors as well as against persons of age, when the partition has been made judicially and with all the forms prescribed by law.

CHAPTER 13. OF THE PAYMENT OF THE DEBTS OF A SUCCESSION

SECTION 1. GENERAL DISPOSITIONS

Art. 1415. Regulation by agreement among coheirs or by testamentary disposition
The provisions contained in this chapter relating to the manner in which heirs, or other universal successors, are bound to contribute to the payment of debts, does not prevent the contribution from being otherwise regulated by the agreement of the parties, or the will of the testator, provided that by the dispositions made by the testator in this respect, the rights of the forced heirs are not prejudiced.

Art. 1416. Effect of agreements on succession creditors
But these agreements or dispositions can only have effect between the heirs and other universal successors; they can in no manner alter their obligations towards the creditors of the succession for the payment of the debts.

Art. 1417. Executory titles enforceable against heir; notice
Titles which carry execution against the deceased are also executory against the heir personally; nevertheless the creditors can not obtain execution on them, until ten days after the notification of them be made to the person, or left at the domicile of the heir.

Art. 1418. Delay for deliberating after heir's opposition to execution
The heir, on being notified thereof, may oppose the execution, before the tribunal having cognizance of the matter, on his simple motion; and if he proves that he has claimed the delays for deliberating, the execution shall be suspended until the delays have expired.

Art. 1419. Factors to be considered in paying debts
There are two principal things to be considered relative to the payment of the debts of a succession:
1. The actions of the creditors to cause themselves to be paid what is due them, and the persons against whom these actions can be brought;
2. The contribution which is to be made between these latter persons.

Art. 1420. Contribution among heirs, definition
Contribution is the division which is made among the heirs of the succession of the debts with which the succession is charged, according to the proportion which each is bound to bear.

Art. 1421. Actions of creditors, kinds
The creditors of a succession have three kinds of actions to cause themselves to be paid the debts due them by the deceased, to wit:
1. A personal action against the heirs, or those who stand in the place of heirs;
2. An hypothecary action against the detainers or possessors of the property mortgaged for their debts;
3. And the action of the separation of the patrimony of the deceased from that of the heir.

SECTION 2. OF THE PERSONAL ACTION AGAINST THE HEIR

Art. 1422. Basis of action
The personal action, which the creditors of a succession can exercise against the heirs, has for its basis the obligation, which the heirs are under, to discharge the debts of the deceased.
This action is modified according as the deceased has left one or several heirs.

Art. 1423. Personal liability of accepting heir
The heirs by the fact alone of the simple acceptance of a succession left them, contract the obligation to discharge all of the debts of such succession, to whatever sum they may amount, though they far exceed the value of the effects composing it.
The only exception to this rule is when the heirs, before meddling with the succession have caused a true and faithful inventory thereof to be made, as is prescribed in the section of this title which relates to the benefit of inventory; for in this case they are only bound for the debts to the amount of the value of the effects found in the succession.

Art. 1424. Personal liability of legatees
Universal legatees, or legatees under an universal title, being in every respect assimilated to heirs, are subject to the payment of the debts of the succession, according to the same rules and under the same exceptions as heirs.

Art. 1425. Nature of liability of heirs and universal successors
But though the heirs and other universal successors, who have not made an inventory as is before prescribed, are bound for the payment of all the debts of the succession to which they are called, even when the debts exceed the value of the property left them, they are not bound, in solido and one for the other, for the payment of the debts.

Art. 1426. Personal liability of sole heir or universal legatee
When the deceased has left one sole heir, or has bequeathed all his property universally to the same person, this heir or universal legatee is bound for the payment of the whole of the debts of the succession, and may be sued directly and personally as such by those who are the creditors of the succession.

Art. 1427. Proportionate liability of two or more heirs; division of action by creditors
If, on the contrary, the deceased has left two or more heirs, they are bound to contribute to the payment of those debts, only in proportion to the part which each has in the succession.
Thus the creditors of the succession must divide among the heirs the personal action which they have against them, and can not sue one for the portion of the other, or one for the whole debt.

Art. 1428. Liability of heirs in succession divided by roots
If the succession is divided by roots, the subdivision of debts takes place among the representatives of each root, in the same manner as when there are several heirs.
If then the deceased leaves for heirs two children and four grandchildren, the issue of another child deceased, each of the children is bound only for one-third of the debts, and each of the grandchildren for one-twelfth.

Art. 1429. Heir as creditor of succession, extent of confusion
If one of the heirs be a creditor of the deceased, confusion will only take place for his part in the debt, and he may claim from the coheirs the part which each is bound to contribute for the payment of this debt.

Art. 1430. Legatee under universal title, particular legatee; extent of liability
The legatee under a universal title shall contribute with the heirs to the payment of the debts in proportion to the part bequeathed to him in the succession; but the legatee under a particular title is not liable for the debts of the succession, though he may be obliged to contribute to them indirectly, as hereafter explained.

Art. 1431. Reduction of legacies exceeding disposable portion or succession assets; prescription of creditor's action for restitution
If the testator has bequeathed more than his disposable effects amounted to, or if there does not remain sufficient property in the succession to pay all the debts, the legatees may be made to given up what they have received above what the testator was permitted to bequeath, or the deficit necessary to discharge the debts of the succession.
In the first case, each legatee suffers a retrenchment or proportional diminution of the amount of his legacy for its excess above the disposable portion; in the second he is compelled to bring back out of what he has received, his proportional sum of what is necessary for the discharge of the debts.
But this action, on the part of the creditors of the succession against the legatees, is prescribed by three years, to be calculated from the opening of the succession.

Art. 1432. Effect of agreements among heirs for payment of debts
The particular agreements, which the heirs may make among themselves or with third persons, relative to the payment of the debts, do not affect their obligations towards the creditors of the succession.
Thus, though one of them be charged by the partition with the payment of the whole of a certain debt, each of them can be compelled by the creditor by means of a personal action, to pay his proportion, saving to the latter his recourse against the person who is bound to guarantee him against it.

SECTION 3 - OF THE HYPOTHECARY ACTION

Art. 1433. Enforcement of mortgage debt against heir of mortgaged property; recourse against coheirs for contribution
Although the heirs and other successors under a universal title are personally bound for the debts of the succession to any creditor, only in proportion to their respective shares in the succession, yet one heir may be bound to pay the whole of a debt by an hypothecary action, when the property fallen to his share has been mortgaged by the deceased; but he has recourse against his coheirs, or the other successors standing in their place, for the amount which he has been bound to pay for the discharge of the mortgage debt.

Art. 1434. Payment of debt by particular legatee of mortgaged property
The particular legatee who has satisfied the debt for which the bequeathed immovable was mortgaged, has no recourse against the heirs and legatee under a universal title.

Art. 1435. Extent of contribution due by coheirs
The heir or successor under a universal title, who, by the effect of the action of mortgage exercised against him, has been obliged to pay more than his share of the common debt, has recourse against his coheirs only for so much as each of them is bound to support personally, even though the coheir or other successors, having paid the debt, should have caused himself to be subrogated to the rights of the mortgage creditor.

Art. 1436. Liability of solvent heirs for contribution of insolvent coheir
But if, at the time when this recourse is exercised, one of the heirs is insolvent, the portion which this heir was bound to contribute shall be borne proportionally by the other solvent heirs and him who has paid the debt.

Art. 1437. Enforcement of mortgage debt when all succession property subject to mortgage
If all the immovables of a succession are incumbered with a legal or judicial mortgage, each heir, who has in his possession one or more of these immovables, may be sued by the hypothecary action for the whole, at the choice of the creditor; but the heir so sued has his recourse against his coheirs, as is before said.

Art. 1438. Abandonment of mortgaged property to creditors; heir's recourse against coheirs for contribution
The heir, who is in possession of a mortgaged property which has fallen to him by the partition, may release himself from the hypothecary action instituted against him, by abandoning the property, so that it may be sold by the creditor who sues him, and the debt discharged out of the proceeds of the sale; but he has his recourse against his coheirs for the payment of their proportions of the value.

Art. 1439. Liability of abandoning heir for deficiency
But this abandonment of the property will not release the heir from his personal responsibility to the amount of the portion which he inherits, in case the mortgaged property will not sell for a sufficient sum to satisfy the debt for which it is given.

Art. 1440. Abandonment of mortgaged property to creditors by particular legatee
If a property, which is bequeathed to any one, has been mortgaged by the testator for his own debt, or that of a third person, the particular legatee is liable to the hypothecary action for the payment of this debt, at the instance of the creditor, saving to the legatee the right of abandoning the property mortgaged, in order to release himself from the hypothecary action, in the same manner as is permitted to the heir against whom this action is brought.

Art. 1441. Particular legatee's payment of mortgage for debt of testator, recourse
The particular legatee, who, in consequence of the hypothecary action, has paid the debt or abandoned the property mortgaged, has no recourse against the heir of the testator, because, by receiving the legacy, he is considered as having received it with the incumbrances with which it was charged.

Art. 1442. Payment of mortgage by heirs of testator, recourse
On the contrary, if the heirs of the testator are obliged to pay this debt on the personal action which the mortgage creditor can institute against them, they have their recourse against the legatee, to cause themselves to be reimbursed for having discharged and disengaged the object bequeathed, which they were not obliged to do.

Art. 1443. Particular legatee's payment of mortgage for debt of third person, recourse
But if the mortgage which the testator has given on the property bequeathed, be for a debt of a third person, the legatee who, at the suit of the mortgage creditor, pays the debts or abandons the property, has his recourse against the debtor for the debt for which the testator gave the mortgage.

SECTION 4 - OF THE SEPARATION OF PATRIMONY

Arts. 1444 through 1464. [Repealed by Acts 1960, No. 30, Section 2.]

SECTION 5 - OF THE RIGHTS OF LEGATEES

Art. 1465. Liability of heir for payment of legacies; abandonment, of succession residue
The heir, or other universal successor is not bound for the legacies, except to the amount of the value of the effects of the succession, and he can therefore free himself from them by abandoning to the legatees what remains of the succession, after the payment of the debts.

Art. 1466. Reservation of legitime by forced heir making abandonment
If it be the forced heir who makes the abandonment to the legatees, he has a right to reserve to himself, from the effects of the succession, the legitimate portion secured to him by law, and shall deliver up the balance to the legatees.
operation of the law alone, before he has taken any step to put himself in possession, or has expressed any will to accept it.

SECTION 4. HOW THE RECORDER OF THE PARISH OR THE NOTARY IS BOUND TO PROCEED IN THE JUDICIAL PARTITION

Art. 1347. Notice to parties

Art. 1348. Continuances of proceedings

Art. 1349. Settlement of accounts due by heirs to succession

Art. 1350. Items included in accounts

Art. 1351. Deduction of donations not subject to collation

Art. 1352. Court order as to mode of collation exhibited to officer

Art. 1353. Inclusion of property collated in kind

Art. 1354. Inclusion of value of property collated by taking less

Art. 1355. Formation of active mass

Art. 1356. Composition of active mass

Art. 1357. Deductions from active mass

Art. 1358. Deductions, definition

Art. 1359. Deductions allowed

Art. 1360. Deductions in absence of collation or when collation is in kind

Art. 1361. Deductions, when collation is by taking less

Art. 1362. Coheir's right to take succession effects in payment of collation

Art. 1363. Disagreement among heirs entitled to receive collation in property

Art. 1364. Division into lots according to number of heirs or roots

Art. 1365. Equality in formation of lots

Art. 1366. Equalization by money when one lot more valuable than others

Art. 1367. Formation of lots by experts

Art. 1368. [Repealed by Acts 1960, No. 30, Section 2.]

Art. 1369. [Repealed by Acts 1962, No. 70.]

Art. 1370. Subdivision among coheirs of same root The rules established for the division of estates to be partitioned, are equally applicable to the subdivisions to be made between the individual coproprietors claiming under the same root.

Art. 1371. Coheirs' proportionate liability for succession debts

Art. 1372. Observance of formalities

Art. 1373. Provisional partitions; persons authorized to demand new partition

Arts. 1374 through 1377. [Repealed by Acts 1960, No. 30, Section 2.]

Art. 1378. Errors of form, effect

Art. 1379. Delivery of property and title papers after partition

Art. 1380. Subsequent discovery of property, amendment of partition

Art. 1381. Repealed by Acts 1990, No. 989, § 7, eff. Jan. 1, 1991

SECTION 5. OF THE EFFECT OF PARTITION

Art. 1382. Partition compared to exchange

Art. 1383. Repealed by Acts 1991, No. 689, § 1

SECTION 6. OF THE WARRANTY OF PARTITION

Art. 1384. Reciprocal warranty against disturbance or eviction

Art. 1385. Exclusion of warranty

Art. 1386. Eviction through fault of coheir

Art. 1387. Proportionate liability of coheirs

Art. 1388. Amount of indemnity

Art. 1389. Liability of coheirs for portion of insolvent coheir

Art. 1390. Scope of warranty as to corporeal and incorporeal things

Art. 1391. Warranties always implied

Art. 1392. Warranty of solvency of debtor of rent charge, prescription

Art. 1393. Subsequent deterioration or destruction of property

Art. 1394. New debts or charges

Art. 1395. Tacit mortgage abolished

Art. 1396. Prescription of action of warranty

SECTION 7. OF THE RESCISSION OF PARTITION

Art. 1397, Art. 1398. Repealed by Acts 1991, No. 689, § 1

Art. 1399. Definitive partitions involving minors, interdicts, or absent persons

Art. 1400. Provisional partitions involving minors, interdicts, or absent persons

Art. 1401. Omission of succession effects not cause for rescission

Art. 1402. Rescission of transactions effecting partition

Art. 1403. Rescission inadmissible after compromise

Art. 1404. Rescission inadmissible against sale of succession rights

Art. 1405. Sale of succession rights to coheir at risk of vendor, rescission inadmissible

Art. 1406. Sale to coheir of immovable rights only, rescission for lesion

Art. 1407. Facts required to obtain rescission for lesion

Art. 1408. Termination of partition suit by defendant's tender

Art. 1409. Amount of tender

Art. 1410. Rescission for fraud or violence inadmissible after alienation

Art. 1411. Rescission inadmissible against partition regulated by father

Art. 1412. Rescission in favor of minor effective for all parties

Art. 1413. Prescription of action of rescission

Art. 1414. Prescription against minors after judicial partition

CHAPTER 13. OF THE PAYMENT OF THE DEBTS OF A SUCCESSION

SECTION 1. GENERAL DISPOSITIONS

Art. 1415. Regulation by agreement among coheirs or by testamentary disposition

Art. 1416. Effect of agreements on succession creditors

Art. 1417. Executory titles enforceable against heir; notice

Art. 1418. Delay for deliberating after heir's opposition to execution

Art. 1419. Factors to be considered in paying debts

Art. 1420. Contribution among heirs, definition

Art. 1421. Actions of creditors, kinds

SECTION 2. OF THE PERSONAL ACTION AGAINST THE HEIR

Art. 1422. Basis of action

Art. 1423. Personal liability of accepting heir

Art. 1370. Subdivision among coheirs of same root
The rules established for the division of estates to be partitioned, are equally applicable to the subdivisions to be made between the individual coproprietors claiming under the same root.