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Book 5 · Law of succession  ›  Division 5 · Compulsory share › Section 2313

Taking account of conditional, uncertain or unsecured rights; duty of determination of the heir

(1) In the determination of the value of the estate, rights and obligations that are subject to a condition precedent are not taken into account. Rights and obligations that are subject to a condition subsequent are taken into account as unconditional. If the condition is fulfilled, a reasonable adjustment is to be made to reflect the change in the legal situation.

(2) For uncertain or unsecured rights and for doubtful obligations, the same applies as for rights and obligations that are subject to a condition precedent. The heir is obliged in relation to the person entitled to a compulsory share to ascertain an uncertain right and to pursue an unsecured right to the extent that this is compatible with orderly administration.

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