Where the partitionable mass includes a claim against one of the co-partitioners, whether due or not, the latter is allotted it in the partition up to the amount of his rights in the mass. Up to the amount due, the debt is extinguished by confusion. If its amount exceeds the debtor’s rights in this mass, he owes payment of the balance under the conditions and time limits that affected the…
Except where it relates to undivided property, the claim is not payable until the end of the partition operations. However, the debtor heir may decide at any time to pay it voluntarily.
Reportable sums bear interest at the legal rate, unless otherwise stipulated. This interest accrues from the opening of the succession when the heir owed it to the deceased and from the day the debt is due, when it arose during the joint ownership.
Where the co-sharer himself has a claim to be asserted, he is allotted his debt only if, when balanced, the account shows a balance in favour of the undivided estate.
The joint heirs contribute among themselves to the payment of the debts and charges of the estate, each in proportion to what he takes into it.
The legatee by universal title contributes with the heirs, in proportion to his emolument; but the legatee by particular title is not liable for the debts and charges, except however for the mortgage action on the bequeathed immovable.
Where immovables of an estate are encumbered by annuities by special mortgage, each of the co-heirs may demand that the annuities be repaid and the immovables made free before the lots are formed. If the co-heirs share the estate in the state it is in, the encumbered immovable must be valued at the same rate as the other immovables; the capital of the annuity is deducted from the total price;…
The heirs are liable for the debts and charges of the succession, personally for their inheritance share, and hypothecarily for the whole; subject to their recourse either against their coheirs, or against the universal legatees, in respect of the share for which they are required to contribute.
A legatee by particular title who has discharged the debt on which the bequeathed immovable was encumbered remains subrogated to the rights of the creditor against the heirs.
A co-heir who, by the effect of the mortgage, has paid more than his share of the common debt, has recourse against the other co-heirs, only for the share that each of them must personally bear, even in the case where the co-heir who has paid the debt has been subrogated to the rights of the creditors ; without prejudice, however, to the rights of a co-heir who, by the…
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182, rue de Rivoli
75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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