Civil Transactions Law

1. If it is established that a third party has a right of ownership over all or part of a partitioned share in a property owned in common and such right arose prior to the partition, the co-partitioner over whose share the right of ownership has been established may invoke against the other co-partitioners the warranty of title, each in proportion to his share. Assessment of the warranty shall be based on the value of the partitioned property at the time of partition. 2. A co-partitioner may not invoke the warranty of title if there is an agreement discharging the other owners in common therefrom in cases in which the warranty is invoked due to a reason explicitly stated in the agreement or due to a fault attributable to such co-partitioner.