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Revised Laws of Saint Lucia (2021)

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CHAPTER THIRD
COMPULSORY PARTITION AND LICITATION

748. When coheirs or co-proprietors cannot agree upon a partition of their common property, the action at law to obtain such partition belongs to the one who is first to institute it.

749. (Repealed by Act 3 of 1957)

750. A special tutor must be named to each minor whose interests are opposed to those of any other minor.

751. The Court may, before rendering judgment upon the suit for partition, order that the immovable shall be viewed and valued by experts appointed according to the ordinary rules, in order to ascertain whether the whole of the immovables can be conveniently divided, and in such case to form the shares according to the provisions of articles 644, 645 and 646 of the Civil Code. This article shall be read and construed subject to the provision of article 638 of the Civil Code.

(Substituted by Act 2 of 1988)

752. If all the parties have attained full age they may agree upon one expert.

753. The same proceedings are had upon the report of such expert as upon any other report of experts.

754. After the report of the experts has been homologated, the Court sends the parties before the Registrar or some other person, to proceeds with the allotment of shares, minutes of which are taken.

755. If the suit is for an account and a partition, the lots are not formed until after the accounts, the returns, the formation of the mass, and the pretakings have been determined by a practitioner, who is named by the parties or by the Court, and whose report must also be homologated.

756. When immovables cannot be advantageously divided or when there are not as many lots of land as co-partitioners, the Court or Judge may order that such immovables be sold by the Sheriff, with the formalities to be observed in cases of execution, and such sale has all the effects of a judicial sale.

757. Rules concerning voluntary licitation are contained in the Sixth Part of this Code. The provisions of this Chapter apply to licitations judicially ordered upon actions for partition and shall be read and construed subject to the provisions of articles 653A to 653L of the Civil Code.

CHAPTER THIRD COMPULSORY PARTITION AND LICITATION

CHAPTER SECOND THE RETURN

SECTION I Appearance

SECTION II Election of domicile

SECTION III Non-appearance

SECTION IV Judgment by default or ex parte

SECTION V Confession of judgment

SECTION VI The filing of exhibits

CHAPTER THIRD CONTESTATION

Section I General provisions

Section II Exceptions to the jurisdiction

Section III Exceptions to the form

Section IV Dilatory exceptions, actions in warranty, and security for costs

Section V Proceedings in lieu of preliminary exceptions and demurrers

Section VI Contestation upon the merits

Section VII Issue joined

Section VIII Consolidation

CHAPTER FOURTH INCIDENTS

Section I Incidental demands and counterclaims

Section II Interventions

Section III Misjoinder or non-joinder of parties

Section IV Improbation

Section V Disavowal

Section VI Change of solicitors

CHAPTER FIFTH TRIAL

Section I Written interrogatories

Section Ia discovery

Section II Notice of admissions

Section III Evidence

Section IV Experts, viewers, references in matters of account, and arbitrators

CHAPTER SIXTH DIVERS OTHER INCIDENTAL PROCEEDINGS

Section I Continuance of suits

Section II The oath put by the court

Section III Discontinuance

Section IV Peremption of suits

Section V Miscellaneous provisions

CHAPTER SEVENTH MOTIONS AND RULES

CHAPTER EIGHTH FINAL JUDGMENT

Section I Judgment of the merits

Section II Costs

CHAPTER SECOND PETITIONS TO SET ASIDE JUDGMENT

CHAPTER THIRD OPPOSITIONS BY THIRD PARTIES

CHAPTER FIRST THE VOLUNTARY EXECUTION OF JUDGMENTS

Section I Giving security

Section II Accounting

Section II Surrender

Section IV Tender generally and payment into court

CHAPTER FIRST SUMMONS

CHAPTER SECOND COMPLULSORY EXECUTION OF JUDGMENTS

Section I General provisions

Section II Execution in real actions

Section III Execution in personal actions

Section IV Seizure by garnishment

Section V Execution upon immovables

Section VI Abandonment of property

Section VII Imprisonment

CHAPTER FIRST CAPIAS AD RESPONDENDUM

Section I The issuing of the capias

Section II The execution of writs of capias

Section III The contestation of writs of capias

Section IV Discharge upon bail

CHAPTER SECOND ATTACHMENT BEFORE JUDGMENT

Section I Simple attachment

Section II Attachment by garnishment

CHAPTER THIRD ATTACHMENT IN REVENDICATION

CHAPTER FOURTH ATTACHMENT FOR RENT

CHAPTER FIFTH JUDICIAL SEQUESTRATION

CHAPTER FIRST SUMMARY PROCEEDINGS

CHAPTER SECOND HYPOTHECARY RECOURSE AGAINST IMMOVABLES OF WHICH THE OWNERS ARE UNKNOWN OR UNCERTAIN

CHAPTER FOURTH ACTIONS OF BOUNDARY, OR TO VERIFY OR RECTIFY ANCIENT BOUNDARIES

CHAPTER FIFTH POSSESSORY ACTIONS

CHAPTER SIXTH PETITORY ACTIONS, OR ACTIONS FOR RECOVERY OF LAND

CHAPTER SEVENTH DISCHARGE FROM HYPOTHECS, OR CONFIRMATION OF TITLE

CHAPTER EIGTH SEPARATION BETWEEN SPOUSES

Section I Separation of property

Section II Separation from bed and board

CHAPTER NINTH OPPOSITIONS TO MARRIAGE

CHAPTER TENTH PROCEEDINGS AFFECTING CORPORATIONS OR PUBLIC OFFICES

Section I Corporations illegally formed, or violating or exceeding their powers

Section II Usurpation of public or corporate offices

Section III Mandamus

Section IV Prohibitions

Section V Injunctions

CHAPTER ELEVENTH THE ANNULLING OF CROWN GRANTS

CHAPTER TWELFTH HABEAS CORPUS AND SUBJICIENDUM IN CIVIL MATTERS

PART FOURTH THE DISTRICT COURT

PART FIFTH APPEALS TO HER MAJESTY

PART SIXTH NON-CONTENTIOUS PROCEEDINGS

CHAPTER FIRST REGISTERS OF CIVIL STATUS

CHAPTER SECOND REGISTERS OF REGISTRY OFFICES

CHAPTER THIRD REGISTERS OF SHERIFF

CHAPTER FIRST GENERAL PROVISIONS

CHAPTER SECOND LETTERS OF ADMNISTRATION

CHAPTER THIRD CAVEATS

Chapter FOURth PROVISIONAL POSSESSION

Chapter FIFth VACANT SUCCESSIONS