1643条
相続ノ分派ハ共同相続人ノ合意ヲ以テ自由ニ之ヲ為スコトヲ得但シ左ノ場合ニ於テハ裁判上ニ非サレハ其分派ヲ為スコトヲ得ス
共同相続人中未成年者禁治産者又ハ瘋癲者アルトキ
共同相続人中不在者アリテ有効ニ分派ヲ承諾スルノ権限ヲ有スル合意上ノ代理人アラサルトキ
共同相続人中合意上ノ分派ヲ承諾セサル者アルトキ
409. The partition of an undivided property can be freely made by an agreement of each of the owners.
It can, however, be only made by virtue of a decision :
i. Where there are amongst the owners minors, interdicted persons or lunatics, and there are not their guardians or provisional administrators ;
ii. Where there are amongst the owners persons not present and there are not their conventional agents having the power to consent to the partition validly ;
iii. Where there are amongst the owners those who do not consent to the conventional partition.