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Chapter Law Content

Title: Civil Code CH
Category: Ministry of Justice(法務部)
Part Ⅴ Succession
CHAPTER II SUCCESSION TO PROPERTY
Setcion 2 (Repealed)
Article 1154
Heirs’ rights and obligations towards the decedent shall not be extinguished by virtue of the succession.
Article 1155
(Repealed)
Article 1156
An heir shall report to the court along with an inventory of the property of the decedent within three months after becoming aware of his or her right to the inheritance.
In regard to the three-month period in the preceding Paragraph, the court, if necessary, may extend the duration for filing an inventory report upon a petition of the heir.
If one of the heirs, based on Paragraph 1, has submitted an inventory of the property to the court, all other heirs are considered as if they have submitted an inventory of the property to the court.
Article 1156-1
A creditor may request the court to order the heirs to submit within three months an inventory of the property.
When a court is aware of creditors taking proceedings or other actions against heirs to request for payment of debt resulting from succession, the court may order heirs of the decedent submit within three months an inventory of the property.
The provisions of the preceding article paragraph 2 and 3 apply mutatis mutandis to the case provided in the preceding paragraph 1 and 2.
Article 1157
Where the heir submits an inventory report to the court in accordance with the preceding two Articles, the court shall give public notice according to the procedure of public summons, calling upon the creditors of the decedent to present their claims within a specified period of time.
The specified period of time provided by the preceding Paragraph shall not be less than three months.
Article 1158
An heir shall not, within the specified period of time provided by the preceding Article, make repayment to any of the deceased's creditors.
Article 1159
Upon the expiration of the specified period of time provided in Article 1157, an heir shall make repayment out of the deceased's property to such creditors as have presented their claims within the said period of time and to other creditors who are known to him in proportion to the amounts of their respective claims, but the rights of the preferential creditors must not be injured.
An heir shall, from the opening of the succession, make payments according to paragraph 1, even the debts are not yet due.
The debts that are not yet due in the preceding paragraph shall be deemed to have matured when the succession begins. If there is no interest, the amount of the debt shall be deducted the legal interest from the expiration of a certain period stipulated in Article 1157 to the maturity.
Article 1160
Until an heir has performed his obligations in accordance with the preceding Article, he shall not hand over any legacy to a legatee.
Article 1161
An heir who has caused damages to the creditors of the deceased by acting contrary to Article 1158 to Article 1160 is liable to make compensation.
A person who has suffered damages as provided in the preceding Paragraph may claim reimbursement from such a creditor or a legatee who has improperly received repayments of the amount one has received improperly.
An heir shall not claim from the creditors or legatees the amount which they have received improperly.
Article 1162
Any creditor of the deceased who has failed to present one's claims within the specified period of time provided in Article 1157, and were also unknown to the heir, may exercise his right only upon such part of the deceased's property as remains after all other legal repayments.
Article 1162-1
An heir, who does not report to the court an inventory of the property of the decedent according to Articles 1156 and 1156-1, shall make repayment out of the decedent's property to the decedent’s creditors’ all rights in proportion to the amounts of their respective claims, but the rights of the preferential creditors must not be injured.
Until the preceding heir has performed his obligations in accordance with the preceding paragraph he shall not hand over any legacy to a legatee.
An heir shall, from the opening of the succession, make payments according to paragraph 1, even the debts are not yet due.
The debts that are not yet due in the preceding paragraph shall be deemed to have matured when the succession begins. If there is no interest, the legal interest from the time of repayment to the time of maturity shall be deducted from the amount of the debt.
Article 1162-2
For a violation of Article 1162-1 by an heir, the creditors of the decedent may exercise their rights upon the part which shall be performed but not yet performed.
The heir’s obligations to the preceding creditors’ debts which shall be performed but not yet performed are not limited to the extent of the property acquired from the estate. This shall not apply to heirs who are persons of no or limited in capacity.
An heir who has caused damages to the creditors of the deceased by acting contrary to Article 1162-1 is liable to make compensation.
A person who has suffered damages as provided in the preceding Paragraph may claim reimbursement from such a creditor or a legatee who has improperly received repayments of the amount one has received improperly.
An heir shall not claim from the creditors or legatees the amount which they have received improperly.
Article 1163
In any of the following cases, an heir shall be disqualified to claim the benefit provided by Article 1148, Paragraph 2:
(1) Where the heir has grossly concealed the decedent’s property;
(2) Where the heir grossly falsifies entries in the inventory report of the decedent’s property;
(3) Where the heir has disposed of the decedent’s property with the intention of fraudulently infringing upon the rights of the deceased's creditors; or