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Successions

TITLE V. SUCCESSIONS
Chapter. 1. Devolution of Successions
Section 1. General Provisions

Paragraph 1.- Opening of succession and things making up a successions

Art. 826.- Opening of succession.
(1)    Where a person dies, the succession of such person, called the deceased, shall open at  the place where he had his principal residence at the time of his death.
(2)    The rights and obligations of the deceased which form the inheritance shall pas to his heirs and legatees, in accordance with the provisions of this Title, unless such rights and obligations terminate by the death of the deceased.

Art. 827.- Things making up inheristance.-1. Life insurances.

(1)    Monies due in performance of a contract of  life insurance to which the deceased was a party, shall form part of the inheritance where the deceased has not determined the beneficiary or the insurance is made to the benefit of the heirs of the deceased without any other indication.
(2)    In other cases, they shall not form part of the inheritance.

Art. 828.- 2. Pensions and indemnities.

Pensions or indemnities payable to the relatives or to the spouses of the deceased as a consequence of his death shall not form part of the inheritance.

Art. 829.- Different kinds of successions.

(1)    The succession of the deceased may be either in testate or  testate.
(2)    It may be partly intestate and partly testate.
(3)    The property of which the deceased has not disposed by will shall devolve upon his heirs-at-law.

Paragraph2. Capacity to Succeed

Art. 830.- Conditions required for succeeding.

A person may not succeed the deceased unless he survives him and he is not unworthy of succeeding him.

Art. 831.- Survival of heir to the deceased.

(1)    The proof that a person exists on the day of the death of the deceased shall be made in accordance with the provisions of the Title of this Code relating to “Physical Persons” (Art. 47-153).
(2)    The provisions of the same Title shall apply as regards the consequences of absence (Art. 154-173).
(3)    Nothing in this Article shall affect the provisions relating to representation in successions.

Art. 832.- Persons dying simultaneously.

Where  two or more persons are dead and it is not possible to prove which of such persons survived the other, the succession of each one of such persons survived the other, the succession of each one of such  persons shall be regulated as if he had been the last survivor with out, however, receiving anything from the succession of the other persons.
Art. 833.- Death of heir.
Where a person who is called to a succession dies after such succession has opened, his rights relating to the succession shall pass to his heirs.

Art. 834.- Child merely conceived.

A child who is merely conceived may be called to a succession as provided in the Title of the Code relating to “Physical Persons” (Art. 2-4)

Art. 835.- Bodies corporate.

The capacity of bodies corporate and of property with a specific destination to receive legacies shall be as provided in the Title of this Code relating to “Bodies Corporate and Property with a Specific Destination’

(Art. 394.-402, 456 and 501).

Art. 836.- State of legitimate, illegitimate or adopted  child.
(1)    The legitimacy or illegitimacy of the deceased or of the heir shall not affect the ascertainment of the heirs or the value of the portion of each of them.
(2)    Without prejudice to the provisions of Art. 557 of this Code, adopted children shall be assimilated to the other children.

Art. 837.- Sex, age, nationality of heir.

The sex, age and nationality of the heir shall not affect in any way the ascertainment of his rights to the secession.

Art. 838.- Unworthiness, – 1. Crimes or condemnations

    Any person who has been sentence for:
(a)    having internationally caused the death of the deceased or the death of a descendant, ascendant or spouse of the deceased; or
(b)    having attempted to kill any one of such persons; or
(c)    having made a false accusation or testimony which might have entailed the condemnation of any one of such persons to capital punishment or rigorous imprisonment for more than ten years, shall lose his capacity to succeed the deceased an unworthy.

Art. 839.- 2. Explanation.

The loss of capacity provide in Art. 838 shall not take place where the crime or attempted crime has been committed by the person called to the succession after the death of the deceased.

Art. 840.- 3. Other causes.

    Whosoever:
(a)    by taking advantage of the physical state of the deceased, has, within three months prior to the death of the latter, prevented him from making, modifying or revoking his will; or
(b)    has intentionally destroyed, caused to disappear or altered the last will of the deceased, without the consent of the latter, or has availed himself of a false will knowing it to be such,
shall lose his capacity to succeed the deceased as unworthy.

Art. 841.- 4. Pardon by deceased.

(1)    The loss of capacity provided in Art. 838 and 840 shall not take place where the deceased has expressly stated in a will that he pardoned his heir.
(2)    Nor shall it take place with regard to a legacy, where the legacy has been ordered by the deceased, with full knowledge of the circumstances, after the happening of the event giving rise to unworthiness.

Section 2. In testate Successions

Art. 842.- First relationship.

(1)    The children of the deceased shall be the first  to be called, to his succession.
(2)    Each of them shall receive an equal portion of the succession,
(3)    Where the children, or one of the children of the deceased are dead and are survived by descendants, they shall be represented in the successions by such descendants.

Art. 843.- Second relationship . – 1. Principle.

Where the deceased is not survived b descendants, his father and mother shall be called to his succession.

Art. 844.- 2. Application.

(1)    Each of them shall receive a moiety of the inheritance.
(2)    The predeceased father and mother shall be represented by the   children  or other descendants.
(3)    In default of an heir in one of the lines, all the inheritance shall devolve upon the heirs of the other line.

Art. 845.-Third relationship. – 1. Principle.

(1)    Where  the deceased is not survived either by descendants or by his father or mother or their descendants, his grandparents shall be called to his succession.
(2)    The grandparents of the paternal line or their descendants shall be entitled to a moiety of the inheritance, and the grandparents of the maternal line or their descendants shall be entitled to the other moiety.

Art. 846.- 2. Devolution upon another line.

(1)    Where a grandparent of the paternal or maternal line dies without descendants, his portion shall devolve upon the heirs of the same line.
(2)    Where the grandparents of one line die without descendants, the whole succession shall  devolve upon the heirs of the other line.

Art. 847.- Fourth relationship. -1. Principle.

In  default of heirs of the third relationship, the great-grandparents of the deceased shall be called to the succession.

Art. 848.- 2. Applications.

(1)    The great-grandparents of the paternal line or their descendants shall be entitled to a moiety of  the inheritance and the great grandparents of the maternal line or their descendants shall be entitled to the other moiety.
(2)    Without prejudice to the provisions of sub-art. (1), each of the surviving great grandparent or his descendants capable of representing him shall receive an equal portion of the succession.

Art. 849.- Rule “paterna paternis maternal maternis”- (1) Principle.

(1)    The application of the preceding Articles shall never have the effect that immovable property deriving by way of succession or donation from the paternal line of the deceased be assigned in full ownership to the heirs of the maternal line.
(2)    Nor shall it have the effect that immovable property deriving by way of succession or donation from property deriving by way of succession or donation from the maternal line of the deceased be assigned in full ownership to the heirs of the paternal line.
(3)    The rules laid down in sub-articles (1) and (2) shall apply up to the second degree so that immovable property deriving by donation or succession from the grandparental line be not assigned to an heir of the grand maternal line and vice-versa.

Art. 850.- 2. Application.

(1)    Where by reason of the provision of Art. 849, an heir  can not receive the portion which derives to him from the succession, a mere right of usufruct on the immovable property which he can not receive in full ownership shall be assigned to such  heir.
(2)    No compensation shall be due to the heir whose rights have been no reduced.

Art. 851.- 3. Restriction.

The rule paterna paternis maternal maternis shall not apply where there are heirs only in the paternal or maternal line or in the grand paternal or grand maternal line.

Art. 852.- Devolution upon the State.

In default of relatives, the inheritance of the deceased shall devolve upon the state.
Art. 853.- Representation. -1. Principle.
(1)    Where representation takes place, the partition shall be made “perstirpes”.
(2)    The children of the person represented shall take his place and exercise his rights relating to the succession.
(3)    Where one or more children of the person represented are dead, they shall themselves be represented according to the same principles.

Art. 854.- 2. Renunciation to a succession.

(1)    Representation shall not take place where a person who is called to a succession has renounced it.
(2)    The person whose succession has been renounced may be represented.
Art. 855.-3. Unworthiness.
The children or other descendants of a person who is unworthy may not represent him in the succession of the deceased.
Art. 856.-4. Bond of legal relationship necessary.
Representation shall not take place where, in terms of the law, there is no bond of relationship between the persons who claim to have the right of representation and the de4ceased.

Section 3. Wills

Paragraph 1.- Conditions fro the validity of wills

A.    Essential Conditions

Art. 857.- Strictly personal nature.

(1)    A will is an act which is strictly personal to the deceased.
(2)    Any agreement whereby a person grants to another person who power to make, modify or revoke a will on his behalf shall be of no effect.
(3)    A person may not entrust a third person with the task of determining how and on whom his succession is to devolve.

Art. 858.- Prohibition of joint wills.

Where several persons make their will by one and the same instrument, such instrument shall be of no effect.

Art. 859.- Undertaking relating to wills.

(1)    Any undertaking whereby any person binds himself to do, modify or revoke a will shall be of no effect.
(2)    Notwithstanding any stipulation to the contrary, a will may at an time be modified or revoked by the testator.

  Art. 860.- Capacity.-1. Minors.

The conditions on which a minor may make a will are laid down in the Title of this Code   relating to “Capacity of Persons” (Art. 308).

Art. 861.- 2. Judicially interdicted persons.

The conditions on which a judicially interdicted person may make a will are laid down in the Title of this Code relating to “Capacity of Persons” (Art. 368).

Art. 862.- 3. Power of the court.
(1)    The court may maintain in whole or in part the effect of the provisions contained in such wills there it is of opinion that such provisions were not influenced by the state of health of the testator.
(2)    No legacy may be thus maintained  din effect for a value of more than ten thousand Ethiopian dollars.
(3)    The heirs-at-law of the interdicted person shall in any case receive at least three-fourths of the succession.

Art. 863.- 4. Insanity .

A will may not be invalidated unless the testator was notoriously insane at the time when he made the will.

 Art. 864.- 5. Legally interdicted persons.

A legally interdicted person shall be under no disability as regards the making of  a will.

Art. 865.- Execution impossible.

A testamentary provisions which fails to specify in a sufficiently clear manner its beneficiary or its object shall be of no effect.

Art. 866.- Illicit provisions.

(1)    A provision contained in a will shall be of no effect where its object is contrary to the law or morality.
(2)    A provision in a will shall be of no effect where it can not be enforced.

Art. 867.- Violence.

(1)    A provision contained in a will shall be of no effect where it has been made by the testator under the influence of violence.
(2)    In such case, the provisions of this Code relating to the annulment of contracts on the ground of violence shall apply by analogy (Art. 1706-1709 and 1808-1818).

Art. 868.- Undue influence.  1. Principle.

A provisions contained in a will may not be invalidated by alleging an excessive influence which the beneficiary of such provisions or any other person had on the testator.

Art. 869.- 2. Provisions in favour of guardian or tutor.

(1)    The court may reduce or invalidate a testamentary provision, made  by the testator in favour of his guardian or tutor.
(2)    The provisions of sub-art. (1)  shall not apply unless the testator dies before he attains the age of twenty years.
(3)    The provisions of sub-art. (1) shall not apply where the beneficiary of the testamentary provision  is an ascendant of the testator.

Art. 870.- 3. Physicians and Clergymen.

(1)    The court may reduce or invalidate a testamentary provision made by the testator within six months preceding his death, in favour of a physician or any other person who has professionally bestowed on him bodily care or spiritual assistance.
(2)     For the purpose of sub-art. (1), the word “physician” means any person who even illegally has prescribed or applied a medical treatment to the testator.
(3)    The provisions of this article shall not  apply where the beneficiary of the testamentary provisions is a relative by consanguinity or affinity or the spouse of the testator.

Art. 871.- 4. Notary or witness of will.

The court may reduce or invalidate a testamentary provision made by the testator in favour of a notary, registrar, witness or interpreter who has taken part in the making of the will.

Art. 872. 5. Spouse of testator.

The court may reduce or invalidate a testamentary provision made by the testator in favour of his or her spouse, where the testator is survived by descendants who are not also the descendants of the spouse.

Arr. 873.- 6. Intermediaries.

The court may reduce or invalidate a testamentary provision made in favour of a defendant, ascendant or spouse of any of the person mentioned in the preceding articles.

Art. 874.- 7. Application for reduction or invalidation.

(1)    Where a testamentary provision is made in favour of the spouse of the testator, its reduction  or invalidation may be required from the court only by the descendants of the testator.
(2)    In other cases, the request may be made by the descendants, ascendants or spouse of the testator and by no other heir.
(3)    The request for reduction or invalidation shall be barred where it is not made within three months following an application by the beneficiary of the provision for the exaction of the will.

Art. 875.- 8. Court to give reasoned decision.

The court shall give in its judgment the reasons why it deems it equitable to invalidate or reduce a testamentary provision made by the testator.

Art. 876.- Fraud.

The provisions contained in a will may not be invalidated on the ground of fraud by alleging that the beneficiary used unfair maneuvers to gain the testator’s favour.

Art. 877.- Error.

(1)    In the case of error, the provisions of this Code relating to the invalidation of contracts on the ground of error shall apply by analogy (Art. 1697-1705 and 1808-1818).
(2)    A provision contained in a will may not be invalidated on such ground unless the error which was committed by the testator and influences his mind in a decisive manner results from the contents of the will it self, or form a written document to which the will makes reference.

Art. 878.- Effect of nullity of a provision.

The nullity of a provision contained in a will shall not entail the nullity of other provisions contained in the same will, unless it appears in a clear manner that there existed in the mind of the testator a necessary connection between the execution of the provision which is null and that of other provisions.

Art. 879.- Nullity of conditions of burdens.

(1)    Where a testator has made a legacy to depend on a condition or has imposed a burden on a legacy, such condition or burden shall be deemed not to have been attached or imposed where it is impossible or contrary to the law or morality.
(2)    In such case, the legacy shall not be null, notwithstanding that the consideration of the condition or burden induced the testator to make the disposition.

B.    Form and Proof of Wills

Art. 880.- Various kinds of wills

There are three kinds of wills:
(a)    public wills; and
(b)    holograph wills; and
(c)    oral wills.

Art. 881.- Public will. -1. Form

(1)    A public will shall be written by the testator himself or by any person under the dictation of the testator.
(2)    It shall be of no effect unless it is read in the presence of the testator and of four witnesses, and mention of the fulfillment of this formality and of its date is made therein.
(3)    It shall be of no effect unless the testator and the witnesses immediately sign the will or affix their thumb mark thereon.

Art. 882.- 2. Number  of witness.

A public will shall be valid where it is made in the presence of two witnesses one of whom is a registrar or a notary acting in the discharge of his duties.

Art. 883.- 3. Capacity of witnesses.

(1)    The witnesses to a public will shall themselves be able to read or to hear what is read and to understand the language in which the will is drawn up.
(2)    The will shall be of no effect where such requirements are not fulfilled.

Art. 884.- Holograph will. -1. Form.

(1)    A holograph will shall be of no effect unless it is wholly written by the testator him self.
(2)    It shall be of no effect unless it says in an explicit manner that it is a will.
(3)    It shall be of no effect unless each of the leaves which make it up is dated and signed by the testator.

Art. 885.- 2. Typewritten will.

A holograph will typewritten by the testator shall be of no effect unless it hears on each of its leaves a handwritten indication of such fact.

Art. 886.- 3. Testator unable to understand the will.

A holograph will shall be of no effect where it appears that the testators, being illiterate or not knowing the language in which the will is drawn being illiterate or not knowing the language in which the will is drawn up, has reproduced graphic symbols without understanding their meaning.

Art. 887.- Date of will.

(1)    A public or holograph will shall be of no effect where it does not show the day, month and year on which it is made or does not contain other indications to the same effect.
(2)    The falseness of the date shown on the instrument shall not entail the nullity of the will where it is evident that it is due to a mere inadvertence and the true date of the will can be established with sufficient accuracy by the aid of indications taken sown from the will itself and from other written documents emanating from the testator.

Art. 888.- Will “per relationem”.

A public or holograph will shall be of no effect where it can not be under stood unless it be supplemented by documents which have not been written and signed by the testator.

Art. 889.- Erasures, cancellations and words written over.

(1)    A public or holograph will shall be of no effect where it contains erasures, cancellations or words written over others which may modify the will of the testator.
(2)    No nullity shall follow where the erasures, cancellations or words written over others have been approved in an explicit manner by a note signed by the testator and in the case of a pubic will, by the witnesses.

Art. 890.- Additions.

(1)    The provisions of Art. 889 shall apply where a public will contains additions in the margin or between the lines thereof or after the signatures of the witnesses.
(2)    A holograph will shall be not vitiated by such additions.

Art. 891.- Deposit of wills.

(1)    A public or holograph will may be deposited with a third party, in particular a notary or in a court registry.
(2)    A register, showing in alphabetical order the names of the person whose wills have been so deposited, shall be kept by each notary and in each court registry.
(3)    An indication shall be made in the register of the date when the deposit of the will has taken place.

Art. 892.- Oral will.- 1. Form.

An oral will is that whereby a person who feels that his death is imminent declares verbally the dispositions of his last will to two witnesses.

Art. 893.- 2. Contents.

    By means of an oral will, a testator ma only:
(a)    give directives regarding his funeral;
(b)    make dispositions for particular legacies the amount of each of which may not exceed five hundred Ethiopian dollars;
(c)    make provisions regarding the guardian or the tutor of his minor children.

Art. 894.- 3. Sanctions.

(1)    Any other disposition made by an oral will shall be of no effect.
(2)    Legacies exceeding five hundred Ethiopian dollars  ordered by an oral will shall be reduced to that amount.

Art. 895.- More than one will.

(1)    Testamentary provisions made by a person may be contained in one or more wills.
(2)    The provisions contained in various wills shall all be enforced together where such course is possible.
(3)    Where the provisions of two wills can not be enforced together, the provisions contained in the latest will shall prevail.

Art. 896.- Proof  of will.- 1. Burden of proof.

Whosoever claims rights under a will shall prove the existence and the contents of such will.

Art. 897.- 2. Proof how made.

(1)    The existence and contents of a public or holograph will shall be proved by producing the instrument it self in which such will is contained, or  a copy thereof certified to be true by the notary or registrar who has received the will for the deposit thereof in his achieves.
(2)    They  may not be proved by any other means for the purpose of obtaining their execution.
(3)    They may be proved by any means for the purpose of obtaining damages from the person who, through his fault or negligence, has caused the will to disappear.

C.    Revocation and Lapse of Wills

Art. 898. Express revocation.

(1)    A will shall be revoked in its entirety where the testator expressly declares in the forms required for the validity of wills that he revokes his will.
(2)    It shall be revoked partially where the testator, in the same forms, make a disposition which can not be executed together with a clause of the will.

Art. 899.- Destruction or cancellation.

(1)    The testator may revoke his will or a provision contained therein, by materially destroying or by tearing or by canceling the contents thereof, in a manner that shows sufficiently his intention of revoking or modifying his will.
(2)    Unless the contrary is proved, the testator shall be deemed to have wanted to revoke his will where he has done any one of the actions hereinbefore referred to.
(3)    Unless the contrary is proved, the destruction or cancellation of the will shall be deemed to have been done by the testator.

Art. 900. Alienation of the thing bequeathed.

(1)    Any alienation of the thing bequeathed, whether in whole or in part, made willingly by the testator shall operate as a revocation of the legacy in regard to all that which has been alienated.
(2)    Such revocation shall remain effective notwithstanding that the thing comes again to belong to the testator at a later date.

Art. 901.- Effects of revocation.

(1)    Unless otherwise provided, the revocation of a will shall not cause the provisions of a previous will to revive.
(2)    Testamentary provisions which have been revoked shall not the executed notwithstanding that the new provisions which have replaced them can not be enforced owning to the incapacity of the legates or his renunciation of the legacy or for an other reason.

Art. 902.- Lapse of oral wills.

An  oral will shall lapse three months after it has been made, where the testator is still alive on such day.
Art. 903.- Lapse of holograph wills.
A holograph will shall lapse where it is not deposited with a notary or in a court registry within seven years after it has been made,.

Art. 904.- Birth of child. -1. Principle.

Notwithstanding any provision to the contrary, legacies, whether by universal or singular title, contained in a will shall lapse where, after the dated of the will, a child is born to the testator and such child accepts the succession.

Art. 905.- 2. Restriction.

(1)    I the cause provided in Art. 904 the court may maintain the effects of the legacies, in whole or in part, where it appears that, had the testator known the circumstances, he would probably have maintained them.
(2)    The child of the testator who is born after the making of the will shall in any case receive three fourths of the share which he would receive in the intestate succession.

Art. 906.- Legacies in favour of spouse.

Any testamentary provisions made by the testator in favour of his spouse shall lapse where the marriage of the testator with that spouse is dissolved through any cause other than death.

Art. 907.- Lapse of legacies. -1. Principle.

A legacy made in favour of a person shall lapse where the legatee dies before the testator or he cannot or does not want to take such legacy.

Art. 908.- 2. Representation.

    Where the legatee named dies before the testator, representation shall take place:
(a)    where it is a case of a legacy by universal title; or
(b)    where it is a case of a legacy by singular title and where, in default of a legatee, the property bequeathed is to devolve upon the State.

Paragraph 2. Contents and Interpretation of Wills

Art. 909.- Different kinds of dispositions.

    The testator may in his will.
(a)    appoint one or more legatees by universal title; and
(b)    order legacies by singular title; and
(c)    disinherit one or more of his heirs or constitute an endowment or trust; and
(d)    give directions regarding his funeral; and
(e)    make any other declarations of will to which this Code or particular laws acknowledge judicial effects after his death.

Art. 910.- Interpretation.  

(1)    In case of doubt, a will shall be interpreted in conformity with the presumed intention of the testator as resulting from the will itself and circumstances.
(2)    Where the terms of the will are clear, they may not be departed from to seek by means of interpretation the true intention of the testator.

Art. 911.- Presumption.

(1)    Where the testator has used expressions like “my heirs” or “my property” or “my immovable property”, in order to give meaning to such words, he shall be deemed to have envisaged the position at the time of his death.
(2)    Proof to the contrary is admitted to rebut such presumption.

Art. 912.- Legacies by universal or singular title.

(1)    A legacy by universal title is a disposition whereby the testator calls one or more persons to receive the full ownership or the bare ownership of one whole or of a portion of the pretty.
(2)    Any other disposition is a legacy by singular title.

Art. 913.- Legacies and rules of partition.

An assignment of a portion of the succession or of property forming part of such succession made by the testator to one of his heirs shall not be deemed to be a legacy but a mere rule for partition, unless the contrary intention of the testator emerges form the deposition.

Art. 914.-  Appointment of legatee by universal title.- 1. Form.

The appointment of a legatee by universal title shall not be subject to any special form.

Art. 915. 2. Effects.

(1)    Unless otherwise expressly provided by the testator, a legatee by universal title shall be assimilated to an heir-at-law.
(2)    In particular, he shall be called to receive the whole succession in default of any other legatee or heir-at-law.
(3)    The testator may expressly specify that the legatee by universal title shall not receive more than a given portion of the succession.

Art. 916.- Conditional legacies. 1. Principle.

Legacies whether by universal or singular title may be made conditional upon the accomplishment of a suspensive or resolutive condition.

Art. 917.- 2. Condition of marrying or not marrying.

(1)    A condition that the legatee shall marry or shall not marry a particular person shall be valid.
(2)    A condition imposed in general terms on the legatee of not marrying or not re-marrying shall be of no effect.
(3)    The testator may stipulate that the legatee shall have the usufruct of certain property or shall receive a specified pension so long as he shall not marry.

Art. 918.- 3. Presumption.
(1)    Unless otherwise expressly provided by the testator, a legacy made under a condition that the legatee does not do a specified thing shall be deemed to be made under a resolutive condition.
(2)    The same shall apply where a legacy is made under the condition that the legatee shall continue to do a specified thing.

Art. 919.- 4. Security.

(1)    Where a legacy is made by the testator subject to a resolutive condition, the court may, on the application of any interested person, order the legatee to give a security or another guarantee for the restitution of the property bequeathed in the case that the resolutive condition is accomplished.
(2)    Where a legacy is made by the testator subject to a suspensive condition, the court may, on the application of the legatee, order the person who is in possession of the thing bequeathed to give a security or another guarantee for the deliver of the thing bequeathed to the legatee in the case that the suspensive condition is fulfilled.

Art. 920.- Charges. -1. Principle.

The testator may bind heirs or legatees, on the value of the property, to give something to or to do something for one or  more specified persons.

Art. 921.- 2. Limit of obligation.

The heir or legatee on whom the charge has been imposed shall be liable for the exaction of such charge to the extent only of the value of the portion of the succession or of the legacy which he has received.

Art. 922.- 3. Execution of charge.

(1)    The person to whose benefit the charge has been ordered may demand its execution.
(2)    Where such action is justified in the circumstances, such person may also require the heir  or legatee thus charged to give a security or another guarantee for the execution of the charge.
(3)    The same rights may be exercised by the person named for this purpose by the testator or, in default of such person, by  each of the heirs of the testator or by each of his legatees by universal title.

Art. 923.- 4. Dissolution of legacies.

(1)    The failure to execute the charge shall not entail the dissolution of the legacy unless the  testator has expressly so disposed and regulated the consequences thereof.
(2)    The rights which third parties in good faith have acquired on the property bequeathed shall not be affected.

Art. 924.- Determination of beneficiary of legacy.

(1)    The beneficiary of a legacy is sufficiently determined where the will binds the heir, the legatee by universal title or another person to select such beneficiary from among a specified category of persons.
(2)    The court may, on the application of any interested person, fix a time within which the person who is to designate the beneficiary of the legacy shall make his selection.
(3)    Where such person fails or refuses to make such designation, the  court shall entrust that task to another person under conditions which are most appropriate for giving effect to the presumed intention of the testator.

Art. 925.- Legacy in favour of the poor.

(1)    A legacy made in favour of the poor, without any other designation, shall be valid.
(2)     Unless the contrary is proved, it shall be deemed to be made in favour of the poor of  the place where the testator had his principal residence at the time of his death.
(3)    The authority qualified to accept the legacy and to give effect to the intention of the testator shall be prescribed by regulations.

Art. 926. Several legatees.

(1)    Where the testator has  appointed several legatees by universal title or bequeathed a thing to two or more persons, without specifying the portion of each, the legatees shall have equal rights to the succession or to the thing bequeathed to them.
(2)    Where any of such legatees can not or does not want to accept the deposition made in his favour, his portion shall devolve upon his co-beneficiaries.

Art. 927.- Determination of subject of legacy.

(1)    The thing forming the subject of a legacy is sufficiently specified where the testator ahs ordered that the heir or the legatee himself or some other person shall choose it from among various things or from among things of a specified nature or of  a specified value.
(2)    The legatee shall make the selection himself where the testator has not specified who shall make it or where the person charged with making it has not made it within la reasonable period given to him by the legatee.

Art. 928.- “Substitution vulgaris”.

(1)    The testator may order that, in default of a legatee by universal or singular title, some other person shall be called to receive the legacy.
(2)    Unless otherwise expressly provided, a disposition to that effect shall benefit the substituted legatee whenever the legatee appointed in the first place can not or does not want to receive the legacy made in his favour.

Art. 929.- Entails.-1. Principle

(1)    The testator may order that his heir or legatee shall, on the expiry of a certain period or on his death or on the accomplishment of a specified condition, pass the property or certain property forming part of the succession to one or more other persons who shall be substituted for him.
(2)    The heir or the legatee how receives the property in the first place is called “the holder in tail”.
(3)    The person to whom he shall pass the property on the opening of the substitution is “the person called to succeed”.

Art. 930.-  2. Persons who may be called to succeed.

(1)    The person called to succeed need not have the capacity to receive on the day of the death of the testator.
(2)    It shall be sufficient that he can be determined and that he have the capacity to receive on the day when the substitution comes into effect.
(3)    The substitution may also be made in favour of the descendants or of the heirs of the holder in tail.

Art. 931.- 3. Effects.

(1)    A disposition made in terms of art. 929, has, in relation to the property to which it refers, the effect of a disposition prohibiting alienation or  attachment.
(2)    Without prejudice to the provisions of the following Articles, the rules contained in the Title of this Code relating to ‘Joint ownership, Usufruct and Other Rights in rem” shall apply for the purposes of determining the effects of such disposition. (Art. 1426-1443).

Art. 932.- 4. Limitation of power of the court.

The court may in no case authorize the alienation or the attachment of immovable property on the application of the holder in tail or his creditors.

Art. 933.- 5. Time for brining action.

(1)    The person called to succeed, his representative or the person appointed by the testator for the purpose of having the substitution complied with, may at any time demand the nullity of the alienation or of the attachment which have taken place unduly.
(2)    It suffices that they institute their action within two years from the opening of the substitution.

Art. 934.- 6. Limitation of substitution to one passage.

(1)    A provisions whereby the testator declares that property or rights can not be alienated or attached after they have been transmitted to the person called to succeed shall be of no effect.
(2)     A provision whereby the testator seeks to regulate what is to happen to such property or rights after they are transmitted to the person called to succeed shall be of no effect.

Art. 935.- 7. Refusal by holder in tail.

(1)    Where the holder  in tail can not or does not want to accept what has been bequeathed to him, the provisions contained in the will for this case shall apply, if nay.
(2)    Failing such provisions, the court shall prescribed such solution as is likely to enforce the testator’s intention and to safeguard the interest of  the substituted legatee.

Art. 936.- 8. Default of person called to succeed.

(1)    The holder in tail may dispose freely of the property and the rights forming the subject matter of the substitution, where the person to whom he must deliver such property dies or where, for any other reason, it becomes clear that it will not be possible for the substitution to take place.
(2)    Where, on account of the default or refusal of the person called to succeed or for any other reason, the substitution ordered by the testator cannot take place, the property held in tail shall pass to the heirs of the holder in tail.
(3)    Unless otherwise stipulated in the will, the heirs of the testator shall have no right on such property.

Art. 937.- Disherison. -1. Express.

(1)    The testator may, in his will, expressly disinherit his heirs-at-law, or any of them, without appointing a legatee by universal title.
(2)    In such case, the succession shall devolve as through the heir, or heirs who has or have been disinherited had died before the testator.

Art. 938.- 2. Special provision regarding descendants.

(1)    An express disherison  of a child  or other descendant shall be of no effect unless the testator has given in his will a reason which justifies the disherison.
(2)    The court shall ascertain whether the reason given by the testator, assuming that it is correct,  justifies the disherison.
(3)    It may not ascertain whether, in the circumstance of  the particular case, the reason given is correct.

Art.  939.- 3. Tacit disherison.

(1)    Unless otherwise provided, the appointment of a legatee by universal title shall imply the dishersion of the relatives of the testator if they are of the second, third or fourth relationship.
(2)    It shall not imply the disherison of the descendants of the testator.
(3)    Where the testator is survived by descendants and has not expressly disinherited them, the legatee by universal title shall partake of the succession together with such descendants as if he himself were a child of the testator.

Art. 940.-  4. Prohibition of certain provisions.

Any provision whereby the testator orders the disherison, in whole or in part, of his heirs or nay of them, should they impugn the validity of the will or of any disposition contained therein, shall be of no effect.

Art. 941.-  Dispositions providing for arbitration.

(1)    The testator may order in his will that any dispute between the heirs or the legatees relating to the liquidation or the partition of the succession shall be decided by one or more persons, designated in the will as arbitrators.
(2)    The powers vested in the court under the provisions of this Title shall in such a case be exercised by the arbitrators.

Chapter 2. Liquidation of Successions

Art. 942.-  Guiding principle.

    So long as a succession has not been liquidated, it shall constitute a distinct estate.

Art. 943.- Security of creditors.

(1)    Pending the liquidation, the creditors of the inheritance shall have the property which forms part of eth inheritance as their exclusive security.
(2)    They shall have no right on the personal property of the heirs.
(3)    Pending the liquidation, the personal creditors of the heirs shall have no right on the property of the succession.

Art. 944.- What the liquidation  consists of.

    The liquidation of the succession consists  of;
(a)    the determination of the persons who are called to take the
property in the inheritance;
(b)    the determination of what it is made up;
(c)    the recovery of debts due to and the payment of the debts due by the succession which are exigible;
(d)    the payment of the legacies by singular title and the taking of such other steps as are required to carry into effect the provisions made by the deceased.

Art. 945.- Agreement proving for arbitration.

(1)    The heirs and the legatees may agree that any dispute arising between them  regarding the liquidation or partition of the succession shall be submitted to one or more arbitrators.
(2)    The powers vested in the court under the provisions of this Title shall in such a case be exercised by the arbitrators.

Section 1. Liquidator of the Succession

Art. 946.- Principle.

A succession, whether intestate or testate, shall be liquidated by one or more persons hereinafter refereed to as “the liquidators”.

Art. 947.- Designation by the law.

On the day of death, the capacity of liquidator shall pertain “ipso facto” to the heirs-at-law.

Art. 948.- Designation by will.

(1)    Where the deceased has left a will, the capacity of liquidator shall pertain to the person designated by the deceased in such will as testamentary executor.
(2)    Failing any express disposition, it shall pertain “ipso jure” t o the legatees by universal title appointed in the will.
(3)    The heirs-at-law shall act jointly with the legatee by universal title as liquidators, unless they are under the will to receive no share in the succession.

Art. 949.- Liquidator who is a minor or an interdicted person.

Where, in terms of the preceding Articles, a minor or an interdicted person is the liquidators of a succession, he shall be represented by his tutor for the performance of the functions of liquidator.

Art. 950.- Judicial liquidation.- 1. Unaccepted in heritance or vacant succession.

(1)    The court shall appoint a liquidator, on the application of any interested person, where the heirs are unknown or all the heirs-at-law have declared that they renounce or do not want to liquidate the succession.
(2)    It shall appoint a liquidator where the testator has not left heirs and his succession is taken by the State.
(3)     The person or authority which is to be appointed liquidator by the court ma be prescribed by regulations.

Art. 951.- 2. Other cases.

The  court may, on the application of any interested person, appoint a notary or some other person to replace the liquidator referred to in the preceding Articles, where:
(a)    there is a doubt regarding the designation of a liquidator because the validity of the will whereby he was appointed is contested, or for nay other reason; or
(b)    there are several liquidators and they are not in agreement on the administration and liquidation of the succession; or
(c)    among the heirs, there is a minor or an interdicted person or an other person, who, for any other reason, is not in a position to look after his interest; or
(d)    the liquidator remains inactive or is dishonest or is found to be incapable to perform his functions properly.

Art. 952.- Security.

The court may at any time, on the application of any interested person, require the liquidator to give a security or some other guarantee for the proper performance of his functions.

Art. 953. Voluntary nature of functions.

    No person is bound to accept the functions of liquidator.

Art. 954.- Resignation.

(1)    The liquidator may at nay time resign his functions, unless he has expressly undertaken to bring them to their conclusion or to perform them for a certain time.
(2)    The resignation shall involve the liability of the liquidator where it is made at a time which is not convenient.
(3)     It shall in no case take effect unless it has been communicated to the other liquidators or a new liquidator has been appointed.

Art. 955.- Termination of functions.

1.    The functions of a liquidator shall cease where he is replaced by a new liquidator in conformity with the law the will or a decision of the court.
2.    They shall cease where the liquidator has accomplished his functions and rendered an account of his management.

Art. 956.- Duties of liquidator.

    The liquidator shall:
(a)    make a search to find our whether the deceased has left a will, and establish who is to receive the property of succession; and
(b)    administer the succession; and
(c)    pay the debts of the succession which are exigible; and
(d)    pay the legacies ordered by the deceased and take all other measures necessary to execute the will.

Art. 957.- Limitation of powers.

(1)    The deceased or the court may limit the powers of the liquidator or give him instructions regarding the manner how he shall perform his functions.
(2)    The court may, for good cause, modify the instructions referred to in sub-art. (1)
(3)    Notwithstanding any stipulation to the contrary, a transgression of such instructions has the liability of the liquidator as its only sanction.

Art. 958- Several liquidators

(1)    Where there are several liquidators they shall act together, without prejudice to any stipulation to the contrary by the deceased or the court.
(2)    The liquidators may distribute among themselves the tasks which the liquidation involves, or entrust one of them with a mandate to make such liquidations.
(3)    In the absence of such stipulations or mandate,  if a liquidator performs by himself an act of the liquidation, the rules relating to voluntary management of the affairs of another person shall apply (Art. 2257-2265).

Art.959.- Remuneration of liquidator.

The liquidator shall be entitled to a remuneration where this is justified by the work he has performed, under the conditions determined by the deceased, or by agreement between the heirs, or by the court.
Art. 960.- Rendering accounts of management.
(1)    The liquidator shall render the accounts of his management when he has accomplished his functions.
(2)    He shall render the accounts thereof before that date, at such times as are agreed upon with the heirs or fixed by the court.

Art. 961.- Liability.

(1)    The liquidator shall be liable for any damage the causes through his fault of negligence.
(2)    He shall be deemed to be at fault where he acts contrary o the provisions of the law, to the provisions of the will or to the instructions given to him by the deceased or by the court.
(3)    The court may relieve him in whole or in part of such liability in his relations with the heirs or legatees where it appears that the has acted in good faith with the intension of performing his functions.

Section 2. Final  Determination of the Persons entitled to the Succession.
Paragraph 1. Provisional Determination of Persons entitled to Succeed

Art. 962.- Search for a will.

(1)    The liquidator shall in the first place make a search to find out whether the deceased has left a will.
(2)    For this purpose, he shall examine the papers of the deceased and make all necessary researches in particular with the notaries and in the registries of the courts of the places where the deceased has resided.

Art. 963.- Duty to declare will.

(1)    Whosoever has in his possession, finds or knows, in his capacity as a witness, of a will made by the deceased shall make a declaration regarding such will to the liquidator as soon as he comes to know of the death.
(2)    He shall make such declaration notwithstanding that the will seems to be affected by nullity.

Art.964.- Deposit of will.

(1)    A public or holograph will shall be deposited without delay with a notary or in the registry of the court in the place where it is discovered or conserved, where the liquidator or any interested person makes an application to this effect.
(2)    An oral will shall, under the same conditions, be immediately drawn up in writing and deposited by those who have been witnesses thereto.

Art. 965.- Opening of will. 1- Date.

(1)    A will shall be opened by the liquidator forty days after the death of the deceased.
(2)    Where it has been discovered after such date, it shall be opened on a day fixed by the liquidator within the month following such discovery.
(3)    In such case it shall first be deposited wit a notary or in the registry of the court in conformity with the provisions of Art. 964.

Art. 966.- 2. Anticipated opening.

(1)    The date mentioned in Art. 965 (1)  may be put forward where the deceased has so ordered or this appears necessary for the purposes of making arrangements for his funeral or the majority of the heirs called in the first place by the law agree to the putting forward of the date of the opening.
(2)    Where any of the heirs called in the first place is not in a position to be present or represented at the anticipated opening of the will, the will shall, prior to its opening, be deposited with a notary or in the registry of the court in the place where it is to be found.

Art. 967.- 3. Place.

(1)    The will shall be opened in the offices of the notary or in the registry of the court where the will has been deposited during the lifetime of the deceased or after his death.
(2)    Failing such deposit, the will shall be opened in the place where the deceased had his   principal residence at the time of his death.

Art. 968.- 4. Publicity.

(1)    The heirs-at-law whom the law calls in the first place to the succession of the deceased shall be invited to be present or represented at the opening of the will.
(2)    In any case, at least four persons of age and not interdicted shall be present at the time of the opening of the will.

Art.969.- 5. Order of the day.

(1)    At the time of the opening of the will, the liquidator and all persons present shall verify the validity or the form of the will.
(2)    The contents of the will shall be read out.
(3)    Arbitrators shall, as far as is possible, be appointed to settle any dispute arising out f the succession, and the necessary provisions shall be made to ensure the conservation of the will.

Art. 970.- 6. Several wills.

The provisions of the preceding Articles shall apply whether the deceased left only one will or more than one will.

Art. 971.- Establishing order of partition.- 1. Testate succession.

(1)    During the meeting , the liquidator shall determine who are the heirs or legatees of the deceased, and to what portion of the succession each of them is entitled.
(2)    He shall inform the interested persons, without delay, or the manner in which he considers that the succession should devolve.
(3)    For the purpose of sub-art. (2) the expression “interested persons” means the persons who are called to receive the property of the deceased, and those who, in the absence of a will, would have been called to receive it.

Art. 972.- Intestate succession.

(1)    Where it appears that the deceased has not left a will the liquidator shall inform the interested persons of the manner how he considers that the succession should devolve.
(2)    Such information shall be given as soon as it appears certain that there is no will and, at the latest, forty days after the death of the deceased.

Art. 973.- Action of nullity. -1. Persons present.

(1)    Whosoever is present or represented at the opening of the will may within fifteen days from the opening of the will declare his intention to apply for the nullity of the will or of a provision contained in the will, or to impugn the order of partition proposed by the liquidator.
(2)    Any such declaration shall be of no effect unless it is made in writing and notified to the liquidator, the court or the arbitrators within the period specified in sub-art. (1).

Art. 974.- 2. Persons not present.

(1)    With regard to persons who are not present nor represented at the opening of the will such period shall begin to run from the day when the liquidator informs them of the order of partition proposed by him. It shall run in like manner where there is no will.
(2)    The validity of a will and the order of partition proposed by the liquidator may in no case be contested after five years from the day of the opening of the will or, if there is no will, five years from the death of the deceased.

Art. 975.- 3. Provisional measures.

The court may on the application of any interested person and pending the delivery of a judgment on the applications mentioned in Art. 973 and 974 take all provisional measures it thinks fit to avoid delays in the liquidation of the secession.

Paragraph 2. Option of Heirs and Legatees by Universal Title

Art. 976.- No necessary heirs.

    No heir is bound to accept the succession or legacy to which he is called.

Art. 977.- Personal  nature of the option.

(1)    The right to accept or to renounce a succession is strictly personal to the heir.
(2)    It my not be exercised by the creditors of the heir.
(3)    The rights of the creditors shall not be affected by the heir renouncing he succession in fraud of such rights.

Art. 978.- Time for renunciation.

(1)     An heir may renounce the succession within one month     from the day when the liquidator has informed him that he is called to the succession.
(2)     The court may, on the application of the heir, extend up to a maximum of three months the period fixed in sub-art. (1)
Art. 979.- Form of renunciation.
(1)    The renunciation of a succession shall be of no effect unless it is made in writing or in the presence of four witnesses.
(2)    It shall be of no effect unless it is made known to the liquidator before the expiry of the period fixed in Art. 978.

Art. 980.- Form of acceptance.

    Acceptance may be express or implied.

Art. 981.- Express acceptance.

The heir who assumes the status of heir in a written act shall be deemed to have expressly accepted the succession.

Art. 982.- Implied acceptance.

(1)    The heir who performs any act which shows unequivocally his intention to accept the succession shall be deemed to have impliedly accepted the succession.
(2)    The heir who has not renounced the succession within the period fixed by law shall be deemed to have impliedly accepted the succession.

Art. 983.- Renunciation in favour of others.

(1)    A renunciation made in favour of one or more specified persons shall be deemed to be an assignment of the rights to the succession.
(2)    Ann heir who makes such renunciation shall be deemed to have accepted to succession.
(3)    This rule shall not apply where the heir has renounced the succession in favour of all his co-heirs indistinctly without receiving any pecuniary compensation.

Art. 984.- Acts of preservation or administration.

The heir who performs acts of preservation, such as those of supervision  or the drawing up of an inventory, and urgent acts of administration in relation to the property of the succession, shall not be deemed to have impliedly accepted the succession.

At. 985.- Misappropriation or concealment.

The heir who misappropriates or conceals property forming part off the hereditary estate, shall be deemed to accept the succession.

Art. 986.- Individual nature of option.

Where several heirs are called to the succession, some may accept and the others renounce it.

Art. 987.- Death of heir before making option.

(1)    Where the heir who is called dies before having accepted or renounced the succession, the right to accept or renounce the succession shall devolve on his heirs.
(2)    Some may accept the succession and the others renounce it.
(3)    Those who have renounced the succession of the heir shall be deemed by so doing to have renounced the succession of the deceased.

Art. 988.- Option to be pure and simple.

(1)    The acceptance or renunciation of a succession may not be made with a time limit or under a condition.
(2)    An heir shall be deemed not to have taken a decision where he has made his acceptance or his renunciation with a time limit or under a condition.

Art. 989.- Partial acceptance or renunciation.

(1)    The acceptance or renunciation may not be partial.
(2)    Whosoever has renounced the succession in his capacity as legatee by universal title may still accept it in his capacity as heir-at-law of the deceased.
(3)    An heir in whose favour a legacy by singular title has been ordered may renounce the succession and accept the legacy or, conversely, accept the succession and renounce the legacy by singular title.

Art. 990.- Acceptance not revocable.

(1)    An acceptance of the succession made by an heir is irrevocable.
(2)    It may not be annulled in any case.

Art. 991.- Revocation of renunciation. 1. Causes.

(1)    A renunciation of a succession made by an heir may be revoked where it has been extorted by violence.
(2)    It may also be revoked where it has been obtained through the fraud of a person who is called to the succession, or of a descendant ascendant, brother, sister or spouse of such person.
(3)    It may not be revoked for any other cause.

Art. 992.- 2. Form and effects.

(1)    An heir who intends to revoke his renunciation shall bring an action before the court, under pain of loss of right, within two years from the cessation of the violence or the discovery of the fraud of which has been the victim
(2)    The renunciation of a succession may in no case be revoked ten years after it has been made.
(3)    The court shall specify the effects of the revocation in accordance with  the provisions of the Section relating to “Invalidation and can collation of contracts” in the Title of this Code dealing with “Contracts n general” (Art. 1808-1818).

Art. 993.- “Actio Pauliana”

(1)    The creditors of a person who renounces a succession may within two years from the day when the renunciation has taken place apply to the court to annul it, if it is prejudicial to them.
(2)    The renunciation may not be annulled by the court except in favour of the creditors and only up to the extent of what is due to them.
(3)    It may not be annulled for the benefit of an heir who has renounced the succession.

Art. 994.- Effect of acceptance.

    Acceptance shall be effective from the day of the death of the deceased.

Art. 995.- Effect of renunciation.

(1)    An heir who has renounced a succession shall be deemed never to have been an heir.
(2)    The portion which he has renounced shall devolve upon his co-heirs who have accepted the succession, and, where appropriate, to the heirs who come next.
(3)    The heirs who have already accepted the succession may renounce such portion within one month from the day when the renunciation of their co-heir is brought to their knowledge.

Paragraph 3. Certificate of Heir and “Petitio Haereditatis”
 

Art. 996.- Certificate of heir. 1. Issue.

(1)    An heir may apply to the court to be given a certificate of heir of the deceased and the share of the succession which he is called to take.
(2)    The court may require the applicant to adduce such evidence and to give such securities as it thinks fit.

Art. 997.- 2. Effects.

(1)    So long as the certificate has not been annulled, the heir shall be deemed to have the status which the certificate attributes to him.
(2)    The acts performed by the heir in such capacity may not be impugned, unless it is proved that the person who avails himself of such acts knew for certain, at the moment when such acts were performed, that the heir had no right.

Art. 998.- 3. Annulment.

(1)    Where an action of “petition haereditatis” has been instituted, the court may annul the certificate of heir it issued.
(2)    In such case, the heir shall return the certificate.
(3)    Where the heir alleges that the certificate has been lost or that for any other reason he is unable to return it, he shall be ordered to give all appropriate securities to ensure that he will not in future make use of the certificate.

Art. 999.- “Petitio haerditatis”. – 1. Principle.
Where a person without a valid title has taken possession of the succession or of a portion thereof, the true heir may institute an action of “petition haereditatis” against such person to have his status of heir acknowledged and obtain the restitution of the property of the inheritance.

Art. 100.- 2. Periods of time.

(1)    An action of ” petitio haereditatis” shall be barred after three years from the plaintiff having become aware of his right and of the taking possession of the property of the inheritance by the defendant.
(2)    It shall be absolutely barred after fifteen years from the death of the deceased or the day when the right of the plaintiff could be enforced, unless the action relates to family immovables.

Art. 1001.- 3. Effects.

(1)    The defendant who loses a suit of “petitio haereditatis” shall returns to the plaintiff all the property of the inheritance which has remained in his possession.
(2)    He may not claim to have become the owner of such property as a result of his good faith.
(3)    As regards the rest, the provisions of the Chapter of this Code relating to “Unlawful Enrichment” shall apply (Art. 2163-2178).

Art.  1002.- 4. Legatees by singular title.

    The provisions of the preceding articles shall apply to legatees by singular title.

Section 3. Administration of the Succession

Art. 1003.- Principle.

The liquidator shall administer the estate of the deceased from the day when he is appointed until the persons having a right to the succession have received the share or the property to which they are entitled..

Art. 1004.- Seals.

(1)    The affixing of seals on the effects, or on some of the effects, may be ordered by the court on the application of any interested person, immediately after the death of the deceased.
(2)    The expenses of the affixing and removal of seals shall be borne by the person having requested the affixing of seals.
Art. 1005.- Inventory.-1. What the succession is made up of.
(1)    The liquidator shall establish what the succession is made up of by drawing up an inventory within forty days from the death of the deceased.
(2)    Supplementary statements shall be drawn up, where necessary, within fifteen days from any other property having been discovered.

Art. 1006.- 2. Valuation of property.

(1)    Each of the constituents, whether an asset or a liability, of the succession shall be provisionally valued by the liquidator within the same periods.
(2)    Where necessary, the valuation shall be made with the assistance of experts.

Art. 1007.- Duties of heirs.

(1)    In their relations with the succession, the heirs shall retain all the rights and obligations which they had against or in favour of the deceased,  with the exception of the rights and obligations which came to an end with the death.
(2)    In regard to such rights and obligations, the heirs shall give the liquidator all relevant information so as to enable him to draw up the inventory.

Art. 1008.- 4. Information to interested persons.

(1)    Whosoever is called to receive a share of the succession may require that a copy of the inventory be sent to him at his expense.
(2)    The same right may be granted by the court to the creditors of the deceased or of the succession.

Art. 1009.- 5. Revision of valuation.

(1)    Until the final partition of the succession has been effected, the persons referred to in Art. 1008 may require that the provisional valuation off the property made by the liquidator be revised.
(2)    The expenses of the valuation by experts shall be charged to the succession  where the provisional valuation is  found to be incorrect.
(3)    In other cases the expenses shall be charged to the person who has given cause to them.

Art. 1010.- General powers of the liquidators.

(1)    The liquidator shall administer the property of the succession with the prudence and seal of a bonus pater families.
(2)    The heirs acting in agreement between them or the court on the application of any interested person may give him directives concerning such administration.

Art. 1011.- Acts of preservation

The liquidator may in particular:
(a)    perform all the acts and institute all the actions necessary for the preservation of the property of the succession, and
(b)    contest actions instituted by third parties who claim to have rights on the property of the succession.

Art.1012.-  Things due to the succession.

(1)    The liquidator may demand payment of what is due to the succession if  the debts are exigible.
(2)    He is authorized to give acquaintance for such debts.

Art. 1013.- Sale of property pertaining to the inheritance.

(1)    the liquidator may sell the fruits and the crops of the succession, as well as all movables pertaining to the succession which are rapidly perishable or which,  for their custody and preservation, require considerable expense or particular care.
(2)    He shall not sell other movable goods unless such sale is necessary to pay the debts of the succession.
(3)    He may not sell the immovable property except with the consent of all the heirs, or with the authorization of the court.

Section 4. Payment of the debts of the Succession.

Art. 1014.- Order to be followed.

The debts of the succession shall  be paid in the following order;
(a)    in the first place, the expenses of the funeral of the deceased;
(b)    in the second place, the expense of the administration and of the liquidation of the succession;
(c)    in the third place, the debts of the deceased;
(d)    in the fourth place, the debts regarding maintenance;
(e)    in the fifth place, the legacies by singular title ordered by the deceased.

Art. 1015.- Funeral expense.-1. Principle.

(1)    Funeral expenses shall not have priority over other debts of the succession unless they are justified, having regard to the social position of the deceased.
(2)    They shall not included the expenses for the commemoration of the deceased.
(3)    The commemoration of the deceased shall not constitute a juridical obligation of his spouse or relatives.

Art. 1016.- Expenses of administration

The expenses of the administration and liquidation of the succession shall comprise:
(a)    the expenses of the affixing  of seals and of the inventory and those of the account of the liquidation;
(b)    the useful expenses incurred by the liquidator for the ordinary preservation, maintenance and administration of the property of the inheritance;
(c)    the expenses of the partition and those of the transmission of the property of the inheritance to the heirs;
(d)    estate duty.

Art. 1017.- Debts of deceased. 1.- Search for creditors.

(1)    The liquidator shall take all necessary steps with a  view to establishing whether they are nay persons who are creditors of the succession.
(2)    To this end, he shall examine the registers and papers of the deceased and make the necessary searches in the public registers, in the places where the deceased has resided and in those where he has immovable property.

Art. 1018.- 2. Publicity and notices.

(1)    Where there is reason to believe that the deceased may have creditors whom search has not disclosed, the liquidator shall make in the places where this seems useful such publicity as is appropriate to in form the creditors of the death of their debtor.
(2)    He shall require the creditors to make themselves known to him within three months from the date of the publicity.

Art. 1019.- Exigible debts.

(1)    The liquidator shall pay such debts of the succession as are exigbile, unless opposition has been made to such payment or it appears obvious that the assets of the succession are not sufficient to satisfy all the creditors.
(2)    In these two cases, he shall observe the rules laid down in the Code of Civil Procedure relating to the insolvency of a debtor.

Art. 1020.- Executive title.

(1)    Executive titles enforceable against the deceased are equally enforceable against the liquidator.
(2)    However, the liquidator may postpone the payment of all debts till the time when he has made the inventory of the succession.
(3)    The court may, on the application of any interested person, compel the liquidator to pay the debts or certain debts before that time, if it is evident that the succession will be in a position to pay such debts.

Art. 1021.- Debts not exigible.

(1)    The creditors of the succession whose debts are not exigibel may require that securities be given to them to ensure the payment of their debts when they fall due.
(2)    The provisions of sub-art. (1) shall apply to those persons who have conditional claims to bring forward against the succession.

Art. 1022.- Property destined for payment.- 1. Liquid cash.

In order to pay the debts of the succession, the liquidator shall make use in the first place of the liquid cash which he finds in the succession.

Art. 1023. 2. Property not bequeathed in legacy.

(1)    Where property is to be sold to pay the debts, the liquidator shall offer such property to the heirs before selling it to another person.
(2)    He shall sell it to an heir, where the latter offers for it the market value or a higher rice.

Art. 1024.- 3. Property bequeathed in legacy.

The property bequeathed in legacy by the deceased may not be sold, where the debts can be paid by selling other property.
Section 5. Debts of the succession relating to maintenance

Art. 1025.- Principle.

Before paying the legacies, the liquidator shall pay the debts relating to maintenance which certain persons may claim against the succession.

Art. 1026.- Determination of  creditors.

(1)    The spouse of the deceased, his descendants, ascendant sand brothers and sisters shall have a claim for maintenances, on the conditions laid down in the following Articles.
(2)    Where the succession devolves on the State, the persons who lived with the deceased or were maintained by him at the time of his death shall also have a claim for maintenance, on the conditions laid down the following Articles.

Art. 1027.- Lock of means of creditors.

The person mentioned in Art. 1026 shall have no claim for maintenance unless they are in need and are not in a position to earn their living by their work.

Art. 1028.- Creditor being heir-at-law.

(1)    Descendants, ascendants and brothers and sisters shall have no claim for maintenance unless they are called by the law to take the succession of the deceased or a part thereof.
(2)    They shall have no such claim if they are excluded from the succession an unworthy.
(3)    Nor shall they have such claim where, under the law, they are excluded by heirs who have a better right.

Art. 1029. Maximum amount of claim for maintenances.

(1)    The descendants, ascendants and brothers and sister of the deceased who have a claim for maintenance may only get money or things of a  value equal to that which they would have received from the succession by virtue of the law, had the deceased not made testamentary dispositions to their prejudice.
(2)    Liberalities made by the deceased during the last three years preceding his death shall be assimilated to testamentary dispositions.

Art. 1030.- Claim of the spouse for maintenance.

The spouse who has a claim for maintenance may get from the succession maintenance In conformity with the rules laid down in the Chapter off this Code relating to “Obligation for maintenance” (Art. 807-825).

Art.1031.- Claim by creditor.

(1)    A claim made with a view to establishing a debt for maintenances shall be made to the liquidator within one year from the opening of the succession.
(2)    In urgent cases, a provisional claim for maintenance may be acknowledged by the liquidator in favour of the interested persons.
(3)    A decision of the liquidator refusing to acknowledge a claim for maintenance may be immediately impugned before the court.

Art. 1032.- Manner of payment.

(1)    Where the creditor is the spouse of the deceased or is at least sixty years old, a claim for maintenance shall be paid by way of a life annuity.
(2)    In other cases, it shall be paid by way of a jump sum.

Art. 1033.- Annuity.1 1.- Payment and securities.

(1)    Where an annuity is allowed, it shall be payable as from the death of the deceased.
(2)    The arrears of such annuity shall be payable at the place where the creditor for maintenance has his residence.
(3)    Where appropriate, the court shall order that securities be given to the creditors for the payment of what is due to him.

Art. 1034.- 2. Revision.

(1)    The amount of the annuity shall be fixed definitely.
(2)    Such amount may not be revised unless the entity of the succession has been erroneously appraised when it was established.
(3)    An annuity allowed to a surviving spouse shall no longer be due incase he remarries.

Art. 1035.- 3. Arrears.

(1)    The arrears of an annuity may not be assigned or attached.
(2)    They may, however, be assigned even before they fall due, to institution of assistance which provide for the wants of the beneficiary of the aannuity.
(3)    They may also e attached by persons who have given to the beneficiary of the annuity what was necessary for his livelihood.

Art. 1036.- Agreements relating to debts for maintenance.

(1)    Any act or contract concluded during the lifetime of the deceased relating to eventual debts of the succession for maintenance shall be of no effect.
(2)    Testamentary dispositions aiming at excluding or modifying the rules laid down in the Section shall be of no effect.

Section 6. Payment of legacies

Art. 1037.-Pricniple

The liquidator shall pay the legacies ordered by the deceased unless the payment of a legacy has been imposed by the will on one of the heirs.

Art. 1038.- Option of the legatee.

Without prejudice to the provisions of Art. 1039 and 1040, the provisions of this Title relating to the option of the heirs or legatees by universal title shall apply to the acceptance or refusal of legacies by singular title.

Art. 1039.- More than one legacy.

A person to whom more than one legacy by singular title has been bequeathed may accept one of such legacies and refuse the other.

Art.1040.- Effect of refusal.

Where a legatee refuses a legacy bequeathed to him, such refusal shall benefit the person who, under the will, has the charge of paying the legacy.

Art. 1041.- Time of payment.

The legacies shall be paid as soon as it appears that the succession has sufficient means for paying them.

Art.1042.- Reduction of legacies.

(1)    Where the succession has not sufficient means for paying all the legacies, the order expressly laid down by the deceased in his will shall be followed in making payment
(2)    Failing an express disposition, the legacies which, in the will or in another written act emanating from the deceased, are said to have been ordered as a remuneration for services rendered by the legatee shall be paid in preference.
(3)    The other legacies shall be reduced in proportion to their value.

Art. 1043.- Legacy of determinate thing.

(1)    The liquidator shall deliver to the legatee the thing bequeathed, with is accessories, in the state in which it is found.
(2)    The legatee may not request that the thing bequeathed be delivered to him in a good state.

Art. 1044.- Legacy of thing of a given genus.

(1)    Where the thing bequeathed has not been determined except by its genus, the legatee may select that which he wishes from among the things of that genus belonging to the testator.
(2)    Where several legatees are called to select from things of the same genus, the order in which they are to make their selection shall be determined by the drawing of lots.

Art. 1045.- Legacy of thing pledged or mortgaged

(1)    Where the thing bequeathed has been given as a pledge or has been mortgaged by the deceased, securities shall be given to the legatee to guarantee the liberation of the thing when the debt falls due.
(2)    .The legatee who pas the debt secured by the pledge or mortgage when it falls due shall be subrogated in the rights of the creditor whom he has paid against the heirs.

Art. 1046.- Legacy of thing belonging to others. -1. Thing of a genus.

When the deceased has bequeathed a thing of a genus and at the time of his death there is no thing of such genus in the succession, the liquidator shall pay to the legatee the value of the thing bequeathed.

Art. 1047.- 2. Determinate thing.

(1)    A legacy made by the deceased shall be of no effect where it has for its subject matter a determinate thing on which tee ceased had no right at the time of his death.
(2)    Notwithstanding the provisions of sub-art. (1), the legacy shall be valid where  the deceased has ordered the legacy knowing such circumstance.
(3)    In such case, the liquidator shall pay to the legatee the value of the thing bequeathed.

Art. 1048.- Legacy of a debt.

(1)    A legacy of a debt shall be effective in respect of the amount of such debt due to the deceased  on the day of his death.
(2)    The liquidator fulfils the obligations resulting from the  will by delivering to the legatee the instrument which makes possible the recovery  of the debt.
(3)    The succession shall not guarantee the payment of the debt.

Art. 1049. Legacy of an annuity.

Where an annuity has been bequeathed by the deceased, the arrears thereof shall be due as from the day of the death of the testator.

Art. 1050. Fruits and interest.

(1)    Where a determinate thing has been bequeathed, the fruits shall be due as from the death of the testator.
(2)    Where a sum of money has been bequeathed, interest thereon at the legal rate shall run from the day when the liquidator has been called upon the effect payment.

Art. 1051. Expenses of delivery. 

The expenses of the delivery of a legacy shall be  charged to the succession.

Section 7. Closure of the liquidation

Art. 1052. Time of  closure.

(1)    The liquidation of a succession shall be closed where the creditors of the succession who made themselves know and the legatees by singular title have been paid their claim or legacy.
(2)    It shall also be closed where all the property in the inheritance has been disposed of.

Art. 1053. Merger of property.

(1)    After the closure of the liquidation, the property which remains from the inheritance shall merge with the other property of the heir.
(2)    Where necessary it shall be jointly owned by the joint heirs.

Art. 1054. New creditors.

(1)    The creditors of the inheritance who appear after the closure of the liquidation may claim payment of what is due them from the heir.
(2)    They shall have, on the property which the heir received from the succession, no better claim than the personal creditors of such heir.
(3)    The heir shall be liable to such creditors to the extent of the value of the property which he received from the succession.

Art. 1055. Value to be taken into consideration.

(1)    Saving proof to the contrary by the creditors, the statement  contained  in the inventory shall, for the purpose of the preceding Articles, show what the succession is made up of and value of the property.
(2)    Where there has been no inventory or such act cannot be  produced, the creditor may establish by any means what the succession is made up of and the value of the property.

Art. 1056. Cause of concealment.

(1)    A creditor shall be believed on his mere affirmation with regard to the value of a thing where he has proved in contestation of the  heir that the thing existed in the succession.
(2)    Where the heir demands it, he may in such case only confirm on oath that his valuation is made in good faith.

Art. 1057.- Loss of thing.

The heir may not free himself from his obligation by alleging facts which have happened after the closure of the liquidation in consequence of which facts the value of the thing which he received has been diminished or has disappeared.

Art. 1058. Obligation of legatees by singular title.

(1)    The creditors of the succession who appear after the closure of the liquidation  may not claim the payment of what is due to them from a legatee by singular title except up to the extent  of the value of the property which such legatee has received from the succession.
(2)    A legatee  by singular title shall only be liable in default of the heir
(3)    He may exercise against the creditor who sues him the rights given to a guarantor under the Title of the Code relating to “Contracts in General” (Art. 1920-1951)

Art. 1059.- Recourse of legatee.

(1)    A legatee by singular title who has paid a debt of the succession shall substitute himself for the creditors of the heir.
(2)    He shall have no recourse against other legatees  by singular title.

Chapter 3. Partition of successions

Section 1. Community of hereditary estate and application for partition

Art. 1060. –Community of hereditary estate.

(1)    A succession shall remain in common between the heirs until it is partitioned.
(2)    The rights of the co-heirs on the property of the inheritance  which is in common shall be governed by the provisions of the Title of this Code relating to “Joint ownership, usufruct and other rights in rem” (Art. 1257-1277)
(3)    Noting in this Article shall affect the provisions of Chapter 2 relating to the liquidation of successions and the provisions of the following Articles.

Art. 1061.- Sale or partition of particular things.

The co-heirs may not require the sale by auction nor the partition of a particular thing forming part of the property, still held inn common, of the succession.

Art. 1062.-  Time of partition.

When the succession has been liquidated, each of the co-heirs may at any time require that the partition of the inheritance be effected.

Art, 1063.- Time limit for partition.

(1)    Where the application for partition is made at a time which is not appropriate, the court may order that the community be maintained for a period not exceeding two years.
(2)    Unless otherwise authorized by the court, the community shall be maintained where the manner of making the partition depend on the condition of the birth of a child who is merely conceived.
(3)    Where necessary, the court shall in such case cases appoint a person to administer the property of the inheritance or certain property forming part thereof.

Art. 1064. Disposition or agreement concerning community.

(1)    The right of the co-heirs to apply for partition may be excluded by the will of the deceased or by a contract concluded between the co-heirs.
(2)    Any stipulation or agreement mentioned in sub-art. (1) shall be effective for not more than five years or for such shorter period as is fixed therein.
(3)    Where no period is fixed or a period longer than five years is fixed, the
Stipulation or agreement shall cease to have effect at the end of five years.

Section 2. Collation by co-heirs

Art. 1065.- Principle of collation.

Any descendant of the deceased who accepts his succession shall bring into the succession the value of the liberalities which he has received from the deceased  and which are not exempted from collation.

Art. 1066. Donation subject to collation.

(1)    Collation shall be due for what has been disbursed for establishing one of the co-heirs, or for paying his debts.
(2)    It shall be due for the dowry given to one of the co-heirs.
(3)    It shall not the due for the expenses incurred for the education of one of the co-heirs.

Art. 1067. Exemption from collation.

(1)    No heir shall be bound to collate liberalities which the deceased intended to make to him as a preference or in addition to his share or as exempt from collation.
(2)    In the case of donations, an  express clause is necessary to establish such intention.
(3)    In t case of legacies, the intention of the deceased of exempting his heir from collation may be established by all means of evidence.

Art. 1068. Income or premiums.

(1)    No heir shall be bound to collate liberalities which have been made by the deceased out of his income.
(2)    Nor shall he be bound to collate the premiums which have been paid by the deceased to constitute an insurance in favour of the her.

Art. 1069.- Indirect benefits.

No heir shall be bound to collate the profits which he has been able to acquire from agreements or associations entered into between himself and the deceased..

Art. 1070.- By whom collation is due.

(1)    Collation shall only be due by such descendants of the deceased who accept his succession.
(2)    It may be imposed by the deceased on his other heirs.

Art. 171.- Status of heir acquired after the day of the liberality.

An heir shall be bound o make the collation notwithstanding that he as not heir presumptive of the deceased on the day when the liberality was made to him.

Art. 172. Representation.

(1)    Whosoever succeeds in representation of another person shall collate the liberalities made to him personally.
(2)    He shall collate the donations which the person represented by him has received from the deceased.

Art.  173. Heir who renounces.

    Collation shall be due by an heir only if he accept the succession.

Art. 174. Effect of collation.

(1)    For the purpose of forming the mass to he divided between the co-heirs, the value of the property which has been donated or bequeathed in legacy by the deceased and of which collation is due to the succession shall be added to the property left by hi,
(2)    A co-heir by whom collation is due shall be deemed to have already received his portion of the succession to the extent of the value which he is bound to collate.

Art. 1075. Effect of collation limited to relations between heirs.

(1)    Collation shall be effective only as regards the partition of the succession and the relations between the co-heirs there anent.
(2)    It may not be required by the creditors of the succession nor b the legatees.

Art. 1076.- Principle of collation consists in taking less.

(1)    Collation is made by taking less
(2)    No heir shall collate more than the value to which he has a right in the succession.
(3)    Any agreement made before the death of the deceased to the effect that collation shall be made in kind shall be of no effect.

Art. 1077.- Value to be collated.

(1)    The value to be collated shall be that at which the property donated has been valued in the act of donation.
(2)    Failing such valuation, the true value which the thing donated had at the time of the donation shall be collated.

Art. 1078.- Loss of the property donated.

Collation shall be made by the heir notwithstanding that the property donated may have perished or he may have ceased to be enriched by reason of the donation.

Section 3. Partition how made

Art. 1079.- Partition by whom made.

(1)    A partition shall be effected by agreement between the heirs,
(2)    Failing an agreement between the heirs, a plan of partition drawn up by the most diligent amongst the heirs shall be submitted to the court for approval.

Art. 1080.- Approval by the court. 1- Protection of an heir.

(1)    The approval of the court  shall be sought, under pain of  nullity, when one of the heirs is absent or is not property represented.
(2)    In such case, the nullity of the partition may not be invoked except by the person without whose concurrence the partition has been effected.
(3)    The nullity may be applied for, under pain of loss of right, within the year after that such person has come to know of the partition and, in any case, within ten years from the death of the deceased.

Art. 1081.- 2. Protection of creditors.

(1)    The approval of the court shall be sought when a creditor of one of the co-heirs makes an application to this effect before the partition between the co-heirs has been made.
(2)    The creditor who makes such an application shall be heard in the proceedings relating to approve.
(3)    The costs of such proceedings shall be borne by the creditor unless the approval has been refused by the court by reason of frau committed by the co-heirs.

Art. 1082. Rule to be followed.

(1)    The partition shall be made in conformity with the provisions made by the deceased.
(2)    Failing such provisions, it shall be made in accordance with the provision of the following Articles.

Art. 1083.- Valuation of property. – 1. Principle;

(1)    The property placed in the shares of the heirs shall be valued on the day when the partition is effected.
(2)    The valuation of the property shall be made by the heirs themselves.
(3)    Failing agreement between them, the valuation shall be made by arbitrators selected by them or, if they do not agree on the appointment of such arbitrators, by arbitrators appointed by the court.

Art. 1084.- 2. Appraisement by experts.

(1)    In the case of an appraisement of immovables, the report of the experts shall show the bases of the appraisement.
(2)    It shall state whether the thing appraised can be divided conveniently and in which manner.
(3)    It shall, in cases of partition, establish each of the shares which can be formed there from and their value.

Art. 1085.- Formation of shares.

(1)    The shares shall be formed by the person chosen by agreement of the hers between themselves.
(2)    Failing agreement, the shares shall be formed by an expert appointed by the court.

Art. 1086.- Rule of partition in kind.

(1)    As a rule, a partition shall be made in kind, each of the heirs receiving some of the property of the succession.
(2)    The inequality of the shares in kind shall be set off by the payment of sums of money.

Art. 1087.- How shares are made up.

(1)    Without prejudice to the provisions of the following Articles, the heirs shall receive, as far as possible, shares made up in the same manner.
(2)     The utmost care shall be taken to give to each of the heirs the things which are most useful to him.

Art. 1088.- Origin of property.

In the partition:
(a)    the immovables which came to the deceased from predecessors in title in the paternal line shall be assigned to heirs of that line;
(b)    the immovables which came to the deceased from predecessors in title in the maternal line shall be assigned to heirs in that line.

Art. 1089.- Non-Ethiopian heirs.

If  some of the heirs is indebted towards the succession, his debt shall be placed in his share.

Art. 1090.- Debts of the heirs.

Where one of the heirs is indebted towards the succession, his debt shall be placed in his share.

Art. 1091.- Hypothecary debts of the deceased.

An heir to whom is assigned mortgaged property or to whom property is given as a pledge for debts of the deceased shall be charged with such debts.

Art. 1092.- Property which is difficult to divide.- 1. Principle.

If there is in the succession some other thing which can not be divided without serious inconvenience,  and if the heirs do not agree as to who among them shall have that thing in his share, the thing shall be sold and the price divided.

Art. 1093.- 2. Sale by auction.

(1)    The sale shall be made by auction where one of the heirs so requires.
(2)    Failing agreement between the co-heirs, outsiders shall be admitted to such sale by auction.

Art. 1094.- Family objects.

(1)    Family papers and objects which have a sentimental value may not be sold where any one of the heirs objects to the sale.
(2)    Failing agreement between the co-heirs, the court shall, where appropriate, decide whether such objects shall be sold or allotted to one of the co-heirs.
(3)    In the latter case, it shall give such directives as are required to ensure that such objects remain in the family.

Art. 1095.- Nature of rights to be divided.

(1)    The provisions of this  Section shall apply without there being need to make a distinction as to whether the deceased was the owner or the lessee or former tenant of the property forming part of the succession or whether he had any other right on such property.
(2)    For the purpose of putting such provisions into effect, it is sufficient that, in the circumstances of the particular case, they can be put into effect.

Art. 1096.- Keeping community between several co-heirs.

(1)    The provisions of this Section which give rights to an heir ma be invoked by several heirs if the latter have agreed to exercise such rights conjointly.
(2)    No property may be allotted to several heirs conjointly, unless such heirs have given their explicit consent to such conjoint allotment.

Section 4. Relations between the co-heirs
After the partition
Paragraph 1. Warranty due by the co-petitioners

Art. 1097. – Reference.

(1)    .In respect of the corporeal things placed in their shares, the heirs owe to each other the warranties which a seller owes to a buyer.
(2)    In respect of rights and debts placed in their shares, they owe to each other the warranty provided for in regard to the case of an assignment of a debt by onerous title.

Art. 1098.- Amount of indemnity.

    The amount of indemnity due shall be fixed according to the value of the thing at the time of the partition.

Art. 1099.- By whom indemnity is due.

(1)    Indemnity shall be due by each of the co-heirs in proportion to the share of the succession which he has received.
(2)    If any one of the co-heirs is insolvent, the part due by him shall be divided between the heirs in whose favour the warranty operates and all the other heirs who are solvent, in proportion to the share of the succession which each has received.

Art. 1100.- Right to have securities.

A co-heir to whom a sum of money is due by one of the co-heirs to set off an inequality in the value of shares or in whose share a debt the recovery of which is doubtful has been placed may require from the moment of the partition that securities be given to him to guarantee his rights.

Art. 1101.- No warranty.

(1)    Warranty shall not be due where the eviction or defect complained of by the co-partitioner is due to his fault or derives from a cause subsequent to the partition.
(2)    Nor shall it be due where in the act of partition it has been expressly agreed in regard to certain property that such property has been placed in the shares of one of the heirs without warranty.

Paragraph 2. Annulment of partitions.

Art. 1102.- Causes of annulment.

Without prejudice to the provisions of the following Articles, a partition may be annulled in the same circumstances as other contracts.

Art. 1103. –Property omitted.

(1)    If, after the partition, some other property which forms part of the succession is discovered, a supplementary partition may be made in relation to such property.
(2)    The partition previously made shall not be thereby affected.

Art. 1104. Concealment of property.

Where the property newly discovered was in the possession of one of the heirs who, in had faith, had concealed the existence thereof from his coheirs, such heir shall be deprived of his portion of the property so concealed.

Art. 1105.- Correction of partition. – 1. Case in which it takes place.

(1)    A correction of a partition shall be made on the application of any of the persons entitled thereto where, by reason of an errouneous valuation of certain property, such person has received in all less than three-fourth parts of what he had a right to.
(2)    A correction of a partition may also be made where a donation subject to collation has not been declared by the person who was bound to collate it in favour of his co-heirs.

Art. 1106.- 2. Time.

The right to apply for the correction of a partition shall be barred if not exercised within three years after the partition has been made.

Art. 1107.- 3. Effects.

(1)    Where the court allows an application for the correction of a partition, it shall fix the amount of indemnity due to the applicant, the person by whom and the conditions on which such indemnity shall be paid.
(2)    Where a partition is corrected in consequence of a donation subject to collation not having been declared in the partition as corrected, the co-heir who has received such donation shall be deprived of a value equal to that which he was bound to collate.
(3)    The court may waive the application of sub-art. (2) where the co-heir proves his good faith.

Art.  1108.- Payment of indemnities.

(1)    The indemnities due shall in all cases be fixed in money.
(2)    The payment of such indemnities may be requested only from the co-partitioners of the person making the request, or from their heirs or legatees.

Art. 1109.- Action Pauliana.

The creditors of one of the co-heirs may only impugn a partition as having been made in fraud of their rights where such partition was made without them notwithstanding an opposition made by them.

Section 5. Rights of creditors after partition

Art. 1110.- Division of claim.

(1)    The creditor shall divide his claim among the heirs, in proportion to the value of the share received by each, unless the debt due to him is indivisible.
(2)    He may, however, avail himself of agreements made in the partition whereby a larger part or the whole debt is charged to one or more heirs.

Art. 1111.- Insolvency of one of the co-heirs.

In case of insolvency of any one of the co-heirs, his portion of the debt shall be divided pro rata among all the others.

Art. 1112.- Assimilation of legatees to creditors.

The legatees by singular title shall be assimilated to creditors of the succession as regards the applicability of Art. 1111.

Art.  1113.- Relations between the heirs.

(1)    An heir who, after the partition, has had to pay a debt of the succession, shall have recourse against his co-heirs where he has paid more than the portion which should finally remain to his charge.
(2)    With regard to such recourse, the rules laid down in the Title of this Code relating to “Contracts in general” shall apply in so far as they relate to surety ship (At. 1920-1951).

Chapter 4. Conventions relating to an inheritance
Section 1. Pacts on future successions

Art. 1114.- Prohibition of pacts on future successions.

Any contract or unilateral undertaking relating to the succession of a person who is still alive shall be of no effect unless it is expressly authorized by law.

Art. 1115.- Acceptance or renunciation of a future succession.

(1)    It is not lawful to accept or renounce a succession in advance, or to assign in advance one’s eventual rights to a succession.
(2)    The stipulations referred to in sub-art (1) shall be of no effect notwithstanding that the person whose succession is concerned has agreed thereto.

Art. 1116.- Institution by contract.

No person may bind himself by contract to leave his succession or to bequeath a legacy to a person contracting with him or to a third person.

Section 2. Partitions made by donations

Art. 117. Principle.

The father and the mother and the other ascendants may make a distribution and partition of their property among their children and descendants.

Art. 1118. Forms.

A partition made by donation shall be made according to the forms prescribed by the law for donations inter vivos.

Art. 1119. Subject-matter.

It may have for its subject-matter only the property which belongs to the ascendant at the moment when it takes place.

Art. 1120. Omitted property.

Where part only of the property which the ascendant leaves on the day of his death has been included in the partition made by donation, the property which has not  been included shall be divided in conformity with the law.

Art. 1121.- Omitted children. -1. Nullity of the donation.

Where any one of the children of the donor has been omitted in the partition made by donation or where a child is born to the donor after the day of such donation, the nullity of the partition made by donation may, at the time of the death of the donor, be applied for by the child who has been omitted or by his representatives.

Art. 1122. 2. Exception.

(1)    Nullity may not be applied for where the deceased has left a valid will  be a disposition of which the omitted child is validly disinherited.
(2)    In such case, any eventual claim of the disinherited child or his representatives against the succession shall not be affected.
(3)    Nullity may not be applied for in the case mentioned in Art. 121 where the deceased has left sufficient property to be allotted to the omitted child besides the property which has formed the subject matter of the partition made by donation.

Art. 1123. Lesion.

(1)    Unless otherwise provided in the act of the partition made by donation, the rescission of such partition made by donation may be applied for where one of the descendants has suffered lesion of more than one-fourth part.
(2)    For the purpose of establishing whether there is a lesion the property shall be valued according to its value on the day of the partition made by donation.
(3)    An action of rescission shall be  barred if not brought within two years from the death of the ascendant who has made the donation and ten years at most from the date of the partition made by donation.

Section 3. Assignment of rights of a succession
 

Art. 1124. Rights of heir.

(1)    After the opening of the succession, an heir may assign his rights to such succession in whole or in part.
(2)    He may not assign his rights on a determinate thing pertaining to the succession before such thing has been allotted to him as his own.

Art. 1125. Pre-emption in case of transfer of rights to a succession.

(1)    The co-heirs have a right of legal pre-emption against the person to whom rights to a succession have been assigned, excepting the case where the assignment has been made in favour of one of the co-heirs.
(2)    The provisions of the Title of this Code relating to “Joint ownership, usufruct and other rights in rem” shall apply in regard to such preemption (Art. 1386-1409)