Article 1101

RA 386 · Civil Code of the Philippines

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The heir who is sued shall have the option of indemnifying the plaintiff for the loss, or consenting to a new partition.

Official text — RA 386

The heir who is sued shall have the option of indemnifying the plaintiff for the loss, or consenting to a new partition.

Indemnity may be made by payment in cash or by the delivery of a thing of the same kind and quality as that awarded to the plaintiff.

If a new partition is made, it shall affect neither those who have not been prejudiced nor those have not received more than their just share. (1077a)

Source: lawphil.net (RA 386 as amended)

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