Table of Contents
SECTION III - OF THE PAYMENT OF DEBTS
Art. 223. The co-heirs must contribute among themselves to the payment of the debts and charges of the succession, each in proportion to what he receives of it.
Art. 224. The legatee on an universal title shall contribute with the heirs to the payment of the debts in proportion to what he benefits by such legacy: but the legatee on a particular title is not liable to the debts and charges, saving nevertheless the hypothecarious action against the immoveable which may have been bequeathed to him.
Art. 225. Heirs are liable to the debts and charges of the succession personally for their respective or the individual share and for the whole through the hypothecarious action when the property fallen to their share has been mortgaged by the deceased, saving their recourse either against their co-heirs or against the universal legatee on account of the share for which they must contribute to the said debts.
Art. 226. The particular legatee who has satisfied the debt for which the bequeathed immoveable was mortgaged, is and remains subrogated to the rights of the creditor against the heirs and legatee on an universal title.
Art. 227. The heir or successor on an universal title who by the effect of the action of mortgage exercised against him, has been obliged to pay more than his share of the common debt, has recourse against his co-heirs only for so much as each of them must support personally, even though the co-heirs having paid the debt, should have caused himself to be subrogated to the rights of the creditor; save however the right of a co-heir who, by the effect of the benefit of inventory, should have retained the faculty of claiming payment of debts due to himself, as any other creditor.
Art. 228. In case of the insolvency of one of the heirs, his part of the mortgaged debt is distributed among the others at so much per dollar.
Art. 229. The creditors cannot obtain any execution against the person or estate of the heir, by virtue of a judgement rendered in their favor against the deceased, nor by virtue of any title importing confession of judgement, until they have caused such judgement or title to be declared executory against the heir, which shall be effected by means of the ordinary civil action.
Art. 230. In all cases where there is a competition between the creditors of the deceased, even those who are merely personal or chirographary, have a preference upon the effects of the succession over all the creditors of the heir; and in order to use their rights, they may cause a division to be made of the effects of the succession from the property of the heir.
Art. 231. That right however can no longer be exercised after a novation has taken place in the claim against the deceased, by the acceptance of a new title from the heir.
But suits tending merely to cause a judgement obtained against the deceased, to be declared executory against the heir, shall not be considered as a novation.
Art. 232. That right becomes prescribed with regard to the moveable property, by the lapse of three years from the opening of the succession.
As to immoveable property the action can be exercised, so long as that property exists in the hands of the heir.
Art. 233. The creditors of the heir are equally admitted to demand the separation of the estates against the creditors of the deceased, and they have upon the property of the heir, the same preference, which the creditors of the deceased have over them in the effects of the succession.
Art. 234. Where there is competition only between the creditors of the deceased, if they have no privilege nor mortgage, they have an equal right against the effects of the succession and the property of the heir; and each receives in proportion to his debt, if there is not property enough to pay them all.
Art. 235. If in the case of the preceding article there are some mortgaged creditors they shall be paid on the effects of the succession according to the order of their mortgages, and on the property of the heir, in competition with the other creditors who have no mortgage.
But mortgaged creditors or others of the deceased, who shall have acquired the first mortgage upon the property of the heir, either by a new title or by a judgement obtained against him, shall have a preference over the other creditors, on the estate of the said heir.
Art. 236. With respect to legacies, the heirs are not under the same obligations as for debts.
Besides that the least debt is always paid in preference to the most favorable legacy, the heir who has caused an inventory to be made, is not obligated to pay the legacies beyond the amount of the goods of the succession, inasmuch as the deceased could not bequeath more then he possessed, while the heir is bound to the payment of the debts indefinitely when he has not had the precaution of accepting the succession with the benefit of an inventory.
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