The surviving spouse or any heir who is a co-owner may apply for preferential allotment by way of partition, subject to a balancing payment if applicable, of any business, or part of a business, whether agricultural, commercial, industrial, craft or liberal, or undivided share of such a business, even if formed for a share of property of which he was already the owner or co-owner before the death, in the operation of which he actually participates or has participated. In the case of the heir, the condition of participation may be or have been fulfilled by his spouse or descendants.
Where applicable, the application for preferential allotment may relate to company rights, without prejudice to the application of legal provisions or clauses of the articles of association on the continuation of a company with the surviving spouse or one or more heirs.