Text of the provision
Art. 1102. An heir who has alienated the whole or a considerable part of the real property adjudicated to him cannot maintain an action for rescission on the ground of lesion, but he shall have a right to be indemnified in cash.
(1078a)
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
An heir who has alienated the whole or a considerable part of the real property adjudicated to him cannot maintain an action for rescission on the ground of lesion.
The remedy for lesion — inadequate value received by an heir in the partition — is ordinarily rescission of the partition itself. This article carves out an exception: once the heir has already sold off the whole or a considerable part of the property assigned to him, undoing the partition would unfairly disturb the buyer's title. The law instead converts the heir's remedy from rescission into a claim for cash indemnity against whoever caused the lesion, preserving the finality of transactions already concluded with third parties while still compensating the shortfall.
Questions about this provision
- I sold most of the real property I received in the partition — can I still sue for rescission on the ground that I got less than my share?
- I already sold the property I got from the estate — can I still sue to undo an unfair partition?
Related provisions
- Article 1101 — The Defendant's Option.
- Article 1103 — Omitted Objects Do Not Undo the Partition.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.