Revised Laws of Saint Lucia (2021)

Section IV   The Effects of Partition and of the Warranty of Shares

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    688.   Each co-partitioner is deemed to have inherited alone and directly all the things comprised in his or her share, or which he or she has obtained by licitation, and to have never had the ownership of the other property of the succession.

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    689.   Every act having for its object to put an end to indivision amongst coheirs and legatees is deemed to be a partition, although it should purport to be a sale, an exchange, a transaction, or have received any other name.

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    690.   The co-partitioners are respectively warrantors towards each other for all disturbances or evictions proceeding from a cause anterior to the partition.

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    Such warranty does not take place if the kind of eviction suffered have been excepted by some provision of the act of partition; it ceases if the party suffer eviction through his or her own fault.

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    691.   Each of the co-partitioners is personally bound, in proportion to his or her share, to indemnify his coheir for the loss caused to him or her by the eviction.

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    If one of the co-partitioners be insolvent, the portion for which he or she is liable must be divided rateably among all the solvent coheirs, according to their respective shares.

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    692.   There is no warranty against the insolvency of the debtor of a claim which has fallen to one of the coheirs, if such insolvency do not occur until after the partition.

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    Nevertheless, there is an action of warranty in the case of a rent, when the debtor of it has become insolvent at any time since the partition; unless the loss arises from the fault of the party to whom the rent was allotted.

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    The insolvency of debtors which exists at the time of the partition gives rise to warranty in the same manner as eviction.