Article 799 of the French Civil Code
Inheritance creditors who, within the period provided for in Article 792, declare their claims after the exhaustion of the assets have recourse only against the legatees who have been fulfilled of their rights.
Home | French Legislation Articles | French Civil Code | Book III: Different ways of acquiring property | Title I: Inheritance | Chapter IV: Option of the heir | Section 3: Acceptance of the succession up to the amount of the net assets. | Paragraph 2: Effects of acceptance of the succession up to the amount of the net assets. | Page 2
Inheritance creditors who, within the period provided for in Article 792, declare their claims after the exhaustion of the assets have recourse only against the legatees who have been fulfilled of their rights.
The heir is responsible for administering the assets he receives in the succession. He keeps an account of his administration, of the debts he pays and of the acts that commit the property received or affect its value. He is liable for serious faults in this administration. He must present the account to any creditor of the succession who so requests and respond within two months to the summons, served…
As long as the right to accept is not time-barred against him, the heir may revoke his acceptance up to the amount of the net assets by accepting purely and simply. This acceptance is retroactive to the day on which the succession was opened. Acceptance up to the net assets prevents any renunciation of the succession.
Despite forfeiture or revocation of acceptance up to the amount of net assets, estate creditors and legatees of sums of money retain exclusive rights of pursuit over the assets mentioned in the first paragraph of Article 798.
The costs of sealing, inventorying and accounting are borne by the estate. They are paid as preferential partition costs.
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
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
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
Resources
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
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.