Explanation of Article 631
The article clarified that it is permissible to annul a consensual partition, which is an agreed-upon division, if the co-partitioner proves that they have suffered a loss from it. The criterion for loss, as determined by the first paragraph of Article (69), is an increase or decrease in compensation beyond the usual amount, and its determination is referred to custom.
What this article has determined, that the co-partitioner has the right to request the annulment of the partition merely for loss, even if it is not accompanied by a defect in consent, is considered an exception to the general principle regarding the effect of loss in transactions as determined by the second paragraph of that article, which states that a contracting party does not have the right to request the annulment of the contract merely for loss, except in the case of a person lacking or having diminished capacity and what the statutory texts dictate;
Among these statutory texts is what this article has determined; it is permissible to request the annulment of the partition merely for loss, even in the case of a person with full capacity. The reason for this is evident, which is that the partition is based on equality between the co-partitioners, not on competition, and the transaction reveals ownership; therefore, the co-partitioner must obtain...
Related To
Article 631
A partition by agreement may be invalidated if a co-partitioner establishes that he sustained unconscionable harm from the partition. A claim for invalidation shall be filed within one year from the date of the partition. The other party may avoid such invalidation by providing said co-partitioner with a cash or in-kind payment that remedies the unconscionability sustained thereby.