Explanation of Article 633
The article clarified the declaratory effect of partition, which means that the co-partitioner is considered the owner of the share that devolved to him since he owned it in common, not since the partition was completed; this results in several effects, including:
1 - The nullification of transactions issued by partners other than the partner who received a specific part; thus, his specific share is cleared of his partners' transactions issued during the common ownership and is burdened only with his own transactions, as previously stated in Article (620).
The partner is allowed to dispose of his common share without the permission of the other partners if it does not harm them, as indicated in Article (620).
- The declaratory effect of partition requires it to be based on equality between the co-partitioners; therefore, it is permissible to annul the consensual partition for mere inequity even without deception, as previously explained in the commentary on Article (631).
4 - The declaratory effect of partition requires it to be based on equality between the co-partitioners; therefore, this is considered in the guarantee of entitlement; although the rules of guarantee in sale apply to the guarantee of entitlement in partition, since both are contracts of exchange, the guarantee of entitlement in partition has its own specific rules due to its declaratory effect; among these is that an agreement to waive the guarantee is not valid unless it is explicit and the reason is specified, and the consideration in the guarantee is the value of the thing at the time of entitlement, as indicated in Article (632).
Related To
Article 633
A co-partitioner shall be deemed the owner of the share allocated to him from the time he became an owner in common.