The obligation of warranty among co-heirs shall cease in the following cases:
(1) When the testator himself has made the partition, unless it appears, or it may be reasonably presumed, that his intention was otherwise, but the legitime shall always remain unimpaired;
(2) When it has been so expressly stipulated in the agreement of partition, unless there has been bad faith;
(3) When the eviction is due to a cause subsequent to the partition, or has been caused by the fault of the distributee of the property. (1070a)
SUBSECTION 3. Rescission and Nullity of Partition