The ratio of a sum of money is equal to its amount. However, if it has been used to acquire property, the ratio is due from the value of that property, under the conditions provided for in Article 860.
Where the return is in kind and the condition of the objects given has been improved by the act of the donee, he must be taken into account for this, having regard to what their value was increased at the time of the partition or alienation. The donee must likewise be taken into account for the necessary expenses he has made for the conservation of the property, even if they…
The co-heir who makes the report in kind may retain possession of the donated property until the sums due to him for expenses or improvements have been effectively repaid.
The donee, on the other hand, must, in the case of a return in kind, take into account any deterioration or deterioration which has diminished the value of the donated property through his act or fault.
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.
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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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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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