(1) Cuando el mismo testador hubiese hecho la partición, a no ser que aparezca, o racionalmente se presuma, haber querido lo contrario, y salva siempre la legítima.
(2) Cuando se hubiese pactado expresamente al hacer la partición.
(3) Cuando la evicción proceda de causa posterior a la partición o fuere ocasionada por culpa del adjudicatario.
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