Volume 1, Draft Civil Code - Digital exhibitions & collections - McGill ...

164 SUCCESSION
the terms and conditions of payment, particularly the amount
of the balance which may be paid in instalments, the amount
and the due dates of the instalments and the interest rate.
200 In the event of alienation, within three years following
partition, of the property attributed under the preceding
article, that part of the alienation price which exceeds the
value estimated at the time of partition may be divided among
the joint undivided heirs in the same way as if such an amount
had existed at the time of partition.
201 The property is assessed according to its condition and
its value at the time of partition.
If the parties cannot agree, the assessment is made by
experts chosen by the parties or appointed by the court.
202 If certain property cannot be conveniently apportioned
or attributed, interested persons may decide together to sell it.
In the absence of agreement, the sale may also be
ordered by the court, upon motion.
203 The conditions and form of such a sale are determined
by the interested persons together or, failing this, by the court.
If the disagreement among the interested persons
concerns only the choice of the person to be entrusted with the
sale, the court appoints him.
204 In order that the partition not be made in fraud of their
rights, the creditors of the succession, and those of a copartitioner,
may object to its being undertaken in their absence,
and may intervene at their own expense.
205 After partition, each copartitioner must be given the
titles relating to the property attributed to him.
The titles to divided property remain with the person