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Showing 1351–1360 of 46223 articles for “Art. CA Paris 22 January 2013 · Cass. 1re civ. 3 November 1965 · Cass. 3e civ. 8 January 1992”
…ble for the debts and charges of the succession, personally for their inheritance share, and hypothecarily for the whole; subject to their recourse either against their coheirs, or against the univers…
A writ of execution against the deceased is also enforceable against the heir, eight days after it has been served on him.
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.
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.
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 t…
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.
…sk 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 th…
A legatee by particular title who has discharged the debt on which the bequeathed immovable was encumbered remains subrogated to the rights of the creditor against the heirs.
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…
It cannot be exercised where the claimant creditor has waived it.
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