1101. The fresh new heir that is sued should have the option regarding indemnifying the fresh plaintiff on the loss, otherwise consenting to a new partition.
Indemnity are created by payment during the cash otherwise by beginning from a thing of the identical form and you can quality as the one awarded to your plaintiff.
1102. An enthusiastic heir who’s got alienated the entire or a sizeable region of the property adjudicated to help you him never take care of a hobby to have rescission on to the floor of lesion, but the guy will features a directly to feel indemnified for the bucks. (1078a)
1103. The brand new omission of a single or maybe more stuff or ties of your heredity should maybe not cause the rescission of one’s partition to your crushed away from lesion, although partition would be completed from the distribution of your stuff or securities which were omitted. (1079a)