The action to have rescission because of lesion should suggest just after few years from the time brand new partition was created
1101. Brand new heir that is prosecuted should have the choice regarding indemnifying the brand new plaintiff into losses, otherwise consenting to a new partition.
Indemnity is from payment into the dollars or of the beginning off something of the same form and you can quality given that you to definitely provided on the plaintiff.
1102. An enthusiastic heir who may have alienated the entire otherwise a considerable region of your own real estate adjudicated in order to your don’t take care of an action to have rescission on the floor off lesion, but he should has a straight to end up being indemnified inside the bucks. (1078a)