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 A partition may be rescinded or annulled for the same causes as contracts.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A partition may be rescinded or annulled for the same causes as contracts.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.
Questions about this provision
- Can an estate partition be rescinded or annulled for the same reasons as a contract?
- We already divided our parents' estate, but one heir's share turned out to have a hidden problem — what can the other heirs do?
- Can an estate partition be annulled on the same grounds as a contract — such as fraud or mistake?
Related provisions
- Article 1096 — When Warranty Ceases.
- Article 1098 — Rescission for Lesion.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.