How collation is done

The collation shall be made as per the value that the gifted things had at the time of the opening of the inheritance, and it may be made in specie in case there is agreement amongst all the parties. § 1 - The value of the improvements, introduced by the donee in the gifted assets, and to be deducted from the appraisal of the latter shall be assessed with reference to the date of the opening of the inheritance. § 2 - The deteriorations and diminutions of value, caused to the gifted assets by act or negligence of the donee or his representatives are of their responsibility. § 3 - In the collations of the self-moving movables, of fungible things or subject to deteriorations by use, the state in which they were found at the time they passed to the possession of the donee shall be taken into consideration, and in the collation of the securities, which are not found in the possession of the donee, the value they had at the time of the alienation shall be taken into account, if it is higher than that at the date of the opening of the inheritance. § 4 - Where the value of the gifted assets exceeds the share which the donee has in the inheritance, the return of the excess shall be done in specie and he shall have right to choose from amongst the gifted assets those necessary to satisfy his share in the inheritance and the onus on the gift, without having right to take part in the licitation of the assets which he had to return to other co-heirs. Where, amongst the gifted assets there is any indivisible property, which as a whole does not fit in the share of the donee, the collation will be done in specie, but the donee may take part in the licitation. § 5 - The payments in cash made by the donee, the payment of the debts of the donor or of the onus in favour of third parties, including the payment to any co-heirs on account of their part in the value of the gifted assets, shall be brought up to date with reference to the coefficient of valuation or devaluation of our currency between the date of such payments and the date of opening of the inheritance. The same shall be observed in respect of collations and gifts in cash. § 6 - In the deed of gift or subsequently, with the participation of all the parties, it is lawful to fix in an authentic document the value of the gifted assets and the part which may be due to each of them from such value, and, in the event the respective payments are not effected immediately, the oscillations of the value of the currency between the date of the payment and the date of agreement shall be taken into consideration at the time when the payments are effected. § 7 - The burden of collation constitutes charge in rem over the gifted immovable assets and the registration of the respective transfer shall not be done without the registration of such charge being simultaneously made. § 8 - The provisions of this article and its paragraphs as well as of articles 1497, sole paragraph, 1502, 1790, paragraph 2, 2101 and 2108 and its paragraphs shall be applicable also to the inheritances already opened which are not yet finalised either by voluntary partition or judicial partition become final for want of appeal, without prejudice to any decisions rendered by final order or judgment.