By way of derogation from Article 280, the heirs may decide together to maintain the forms and methods of payment of the compensatory allowance that were incumbent on the debtor spouse, by undertaking personally to pay this allowance. On pain of nullity, the agreement is recorded in a notarial deed. It may be relied on as against third parties from the time it is notified to the creditor spouse where the latter did not intervene in the deed.
Where the terms of payment of the compensatory allowance have been maintained, the actions provided for in the second paragraph of Article 275 and articles 276-3 and 276-4, depending on whether the compensatory allowance takes the form of a lump sum or a temporary or life annuity, are open to the debtor’s heirs. The latter may also be released at any time from the balance of the index-linked capital where the compensatory allowance takes the form provided for in the first paragraph of article 275.