For a violation of Article 1162-1 by an heir, the creditors of the decedent may exercise their rights upon the part which shall be performed but not yet performed. The heir’s obligations to the preceding creditors’ debts which shall be performed but not yet performed are not limited to the extent of the property acquired from the estate. This shall not apply to heirs who are persons of no or limited in capacity. An heir who has caused damages to the creditors of the deceased by acting contrary to Article 1162-1 is liable to make compensation. A person who has suffered damages as provided in the preceding Paragraph may claim reimbursement from such a creditor or a legatee who has improperly received repayments of the amount one has received improperly. An heir shall not claim from the creditors or legatees the amount which they have received improperly.
Same Article Laws
Civil Code Article 1162Jan. 20, 2021
Any creditor of the deceased who has failed to present one's claims within the specified period of time provided in Article 1157, and were also unknown to the heir, may exercise his right only upon such part of the deceased's property as remains after all other legal repayments.
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