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

SUCCESSION 169
Each copartitioner is deemed to have inherited, alone
and directly, all the property included in his share or which
devolves to him through licitation or through any other kind
of partial or complete partition; he is deemed to have owned
it from the beginning of the undivided ownership, and never
to have owned the other undivided property.
Subject to the rules applicable to management of the
affairs of another and to Article 218, acts performed by an
undivided heir, or charges instituted by him respecting
property which has not been attributed to him, cannot be set
up against any other undivided heirs who have not consented
to them.
This article does not apply to the juridical relations
between each coheir and his legal successors.
227 Acts validly entered into during undivided ownership in
conformity with chapter VI, and those to which all the
undivided owners have given their consent, retain their effect,
regardless of who, at partition, receives the property to which
they apply.
Each undivided owner is deemed to have performed the
acts concerning the property which devolves to him.
228 Article 226 applies to hereditary claims against third
parties who take part in the partition, to any transfer of the
claims made during the undivided ownership by one of the
coheirs, and to any seizure of the claims made by creditors of
one of the coheirs.
These provisions do not prevent each heir from validly
receiving payment for his hereditary share in the claim, until
partition, or from invoking compensation for that share.
The provisions of this Code regarding notification of
sales of debts apply to those resulting from partition.