Section 3: Payment of debts

In the event of the insolvency of one of the co-heirs, his or her share of the mortgage debt is divided among all the others, at the marc le franc.

A writ of execution against the deceased is also enforceable against the heir, eight days after it has been served on him.

The deceased’s creditors and legatees of sums of money may ask to be given preference over the succession assets over any personal creditor of the heir. Reciprocally, the heir’s personal creditors may ask to be preferred over any creditor of the deceased on the heir’s assets not collected as part of the succession. The preferential right gives rise to a special legal mortgage provided for in 5° of article 2402…

This right may be exercised by any act by which a creditor manifests to a competing creditor his intention to be preferred over a specific asset.

It cannot be exercised where the claimant creditor has waived it.

It is prescribed, in respect of movables, by two years from the opening of the succession. In respect of immovables, the action may be brought as long as they remain in the hands of the heir.

The creditors of a co-partitioner, in order to prevent the partition from being made in fraud of their rights, may object to it being made without their presence: they have the right to intervene at their own expense; but they may not attack a completed partition, unless, however, it has been made without them and to the prejudice of an objection which they have lodged.