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Book 5 · Law of succession  ›  Title 4 · Legacies › Section 2166

Charge with a mortgage

(1) If a bequeathed plot of land that is part of the inheritance is charged with a mortgage for a debt of the testator, or for a debt which the testator is obliged to the debtor to settle, the legatee is, in case of doubt, obliged in relation to the heir to satisfy the creditor in good time to the extent that the debt is met by the value of the plot of land. The value is determined according to the date on which the ownership devolves to the beneficiary; it is calculated by deducting the charges that have priority over the mortgage.

(2) If a third party is obliged in relation to the testator to settle the debt, the obligation of the legatee exists, in case of doubt, only to the extent that the heir cannot require the third party to effect the discharge.

(3) A mortgage of the kind described in section 1190 is not governed by these provisions.

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