Law library and case analysis · Austria · Belgium · European Union
LAWxPERT Sign in Free account

Cap. 16 · Civil Code (Cap. 16)

Cap. 16 Art. 1661Where debt due to partner enjoys preference over that due to partnership.

Sub-title II

In forceOfficial text

(1) The provisions of the last preceding article shall not apply where the debt due to the partner is such that, according to the rules laid down in paragraphs (c), (d), (e) and (f) of article 1171

it enjoys preference over that due to the partnership and the payment has been expressly appropriated to the debt due to the partner.

(2) In all cases, however, if the partner declares in the receipt that the payment will be appropriated entirely to the debt due to the partnership, it shall not be lawful for him to demand that payment be appropriated, wholly or in part, to the debt due to him.