Civil Code (Cap. 16)

Civil Code (Cap. 16), article 514

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514. (1) Where in a partition, or in any other act whereby the community of property, whether movable or immovable, is terminated, even tho ugh such act be designated as a sale, an exchange or a compromi se, or by any other name, the fair value of the property allotted or assigned to one of the co-partitioners is, having regard to the time of such partition or other act, less than three-fourths of the fair value of the share to which such co- partitioner was entitled, such co-partitioner shall be entitled to demand from the other co-part itioner a supplement in money. (2) No action for a supplement under sub-article (1) of this article may be maintained where difficulties arisen between the co- partitioners have been settled by a compromise, even if no suit had been commenced in relation thereto; nor may such action be maintained in the case of a sale of the right of co-ownership m ade without fraud to one of the co-o wners at his risk and peril by the other co-owners or any of them. (3) The action for demanding a supplement in money under sub-article (1) of this article shall be barred by the lapse of two years from the date of the partition or other act terminating t he community, and the provisions of sub-article (2) of article 140 7 shall apply in respect of the running of such period of limitat ion. (4) The mere omission from a partition of a thing held in community shall only give rise to a supplementary partition. Sub-title III OF SALE BY LICITATION Sale by licitation 515. (1) Where common property cannot be divided conveniently and without being injuriously affected, and compensation cannot be made with other common property of a CIVIL CODE [CAP. 16. 153 different nature but of equal value, it shall be sold by licita tion for the purpose of dis tributing the pr oceeds thereof. (2) The same rule shall apply if, in a partition of things in community, there are some which no one of the co-partitioners i s able or willing to take. may be demanded by any of the co- owners.

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Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.