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Showing 31–40 of 1070 articles for “Art. n° 88-15.438”
A judicial declaration may be made, at the request of the public prosecutor or the parties concerned, of the death of any French national who has disappeared in France or outside France, in circumstan…
The investigating judge issues an order confirming that the complaint has been lodged. Depending on the resources of the civil party, he shall set the amount of the deposit that the latter must, if he…
An action in warranty is barred after two years from the eviction or the discovery of the disturbance.
It is prescribed, in respect of movables, by two years from the opening of the succession. In respect of immovables, the action may be brought as long as they remain in the hands of the heir.
The creditors of a co-partitioner, in order to prevent the partition from being made in fraud of their rights, may object to it being made without their presence: they have the right to intervene at t…
The co-heirs remain respectively guarantors, towards each other, for disturbances and evictions only which arise from a cause prior to the partition. They are also guarantors for the insolvency of the…
A co-sharer who has alienated his lot in whole or in part is no longer entitled to bring an action based on fraud, mistake or violence, if the alienation he has made is subsequent to the discovery of…
Where one of the co-partitioners establishes that he has suffered an injury of more than one quarter, the supplement to his share shall be provided, at the option of the defendant, either in cash or i…
It cannot be exercised where the claimant creditor has waived it.
The partition may be annulled on the grounds of violence or fraud. It may also be annulled on the grounds of error, if the error concerned the existence or the proportion of the rights of the co-share…
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