Text of the provision

Art. 1097. A partition may be rescinded or annulled for the same causes as contracts.

(1073a)

Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.

What this article means

A partition may be rescinded or annulled for the same causes as contracts.

Because a partition is fundamentally an agreement among heirs about how to divide what they hold in common, the law subjects it to the same grounds that can undo any contract — such as a vitiated consent obtained through fraud, mistake, violence, or intimidation, or a party's incapacity to give consent at all. Rescission or annulment on these grounds is distinct from the lesion-based rescission addressed in the articles that follow, which looks instead at whether an heir received substantially less than his fair share, regardless of whether anyone's consent was actually defective.

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Note. The text of the provision above is reproduced in full from the official enactment (Republic Act No. 386), verified against the LawPhil and ChanRobles renderings. The annotation and commentary around it are the work of Vivas & Nobles Law Office and are general legal information, not legal advice. How a provision applies to a particular situation depends on facts that only a lawyer reviewing your case can assess.