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Book 5 · Law of succession  ›  Subtitle 3 · Restriction of the liability of the heir › Section 1991

Consequences of defence as to insufficiency of assets

(1) If the heir exercises the right to which they are entitled under section 1990, their responsibility and the reimbursement of their expenses are governed by sections 1978 and 1979.

(2) The legal relationships extinguished as a result of the devolution of the inheritance by merger of right and obligation or of right and encumbrance are deemed in the relationship between the creditor and the heir not to be extinguished.

(3) The final and binding judgment ordering the heir to satisfy a creditor has the same effect with regard to another creditor as satisfaction.

(4) The liabilities arising from rights to a compulsory share, legacies and testamentary burdens are to be discharged by the heir in the same way as they would be satisfied in the case of insolvency proceedings.

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