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ARTICLE 1073

-The donee’s share of the estate shall be reduced by an amount equal to that already
received by him; and his co-heirs shall receive equivalent, as much as possible, in his property of the
same nature, class and quality.

ARTICLE 1074
-Should the provisions of the preceding article be impracticable, if the property donated was
immovable, the co-heirs shall be entitled to receive its equivalent in cash or securities, at the rate of
quotation; and should there be neither cash nor marketable securities in the estate, so much of the
other property as may be necessary shall be sold at public auction.

-If the property donated was movable, the co-heirs shall only have a right to select an equivalent
of the other personal property of the inheritance at its just price.

(1) ADDITIONAL WAYS OF EQUALIZATION

In the process of equalization, more rights are given to the co-heirs who did not receive
donations, if the donation were of REAL PROPERTY.

(2) RIGHTS ( if REAL Property)

(a) Get property of same kind


(b) If none, get cash or securities
(c) If none, sell property to get cash

(3) RIGHTS (if PERSONAL Property)

(a) Get property of same kind


(b) If none, get equivalent (in value) personal property (no right to demand CASH or to demand
a SALE to get cash)

ARTICLE 1075

- The fruits and interest of the property subject to collation shall not pertain to the estate except
from the day on which the succession is opened.

- For the purpose of ascertaining their amount, the fruits and interest of the property of the
estate of the same kind and quality as that subject to collation shall be made the standard of assessment.

(1) Fruits and Interest of Properties Subject to Collation

D has two legitimate sons, A and B. A had formerly been given a donation of land as an advance
of the inheritance. Prior to D’s death, full ownership over the land and its fruits belong to A, but from the moment
D dies, all the fruits thereof up to the moment distribution is made is made, belong to the estate (should be added
in the computation of the net hereditary estate). Thus, all will participate in said fruits.

ARTICLE 1076
- The co-heirs are bound to reimburse to the donee the necessary expenses which he has
incurred for the preservation of the property donated to him, though they may not have
augmented its value.

The donee who collates in kind an immovable, which has been given to him, must be
reimbursed by his co-heirs for the improvements which have increased the value of the
property, and which exist at the time the partition is effected.

As to works made on the estate for the mere pleasure of the donee, no reimbursement is
due him for them; he has, however, the right to remove them, if he can do so without
injuring the estate.

ARTICLE 1077
-Should any question arise among the co-heirs upon the obligation to bring to collation or as to
the things which are subject to or as to collation, the distribution of the estate shall not be interrupted for this
reason, provided adequate security is given.

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