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Cap. 16 · Civil Code (Cap. 16)

Cap. 16 Art. 941Extent of right of relief exercisable against co-heirs by heir who pays the whole debt.

Sub-title III

In forceOfficial text

(1) A co-heir who, owing to a hypothec, has paid more than his share of a common debt, cannot seek relief against the other co-heirs beyond the share due personally by each of them, even though in paying the debt he shall have caused himself to be subrogated to the rights of the creditor.

(2) A co-heir, however, who, by entering upon inventory, has retained the right of demanding the payment of a debt due to him personally, may, like any other creditor, demand the payment of such debt, deducting therefrom the share payable by him as co-heir.