Civil Code (Cap. 16)
Civil Code (Cap. 16), article 514
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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