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

Related provisions

Cases interpreting this article

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.