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      CC 1300     

  

Art. 1300.  Limited or conditional prohibition against partition by donor.

But a donor or testator can order that the effects given or bequeathed by him, be not divided for a certain time, or until the happening of a certain condition.

But if the time fixed exceed five years, or if the condition do not happen within that term, from the day of the donation or of the opening of the succession, the judge, at the expiration of this term of five years, may order the partition, if it is proved to him that the coheirs can not agree among themselves, or * differ as to the administration of the common effects.

* Note error in English translation of French text; "that the coheirs can not agree among themselves, or" should be "that the indivision is a cause of disagreement between the coheirs, or that they."



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