« 上一頁繼續 »
who has once renounced, has no claim to the portion of him who afterwards renouncés. · ART. 1020.-The heirs, to whom the portion' coines by the renunciation of their co-heirs, take it in the same proportion that they do the inheritance.
ART. 1021.- The partition ofit is made among them, in their own rights or by representation, in the same manner as the succession is divided.
ART. 1022.-Heirs, who have embezzled or concealed effects belonging to the estate, lose the faculty of renouncing; and they shall remain unconditional heirs, notwithstanding their renunciation, and shall have no share in the property thus embezzled or concealed.
ART. 1023.-The faculty of accepting or renouncing an inheritance becomes barred by the lapse of time required for the longest prescription of the rights to real estates.
ART. 1024.–So long as the prescription of the right of accepting is not acquired against the heirs who have renounced, they have the faculty still to accept the inheritance, if it has not been accepted by other heirs, with. out prejudice, however, to rights which may have been acquired by third persons upon the property of the succession, either hy prescription, or by lawful acts done with the administrator or curator of the vacant estate.
In like manner, so long as the prescription of renunciation is not determined, the heir may still renounce, provided he has made an act lo make himself liable as heir.
Of the Benefit of Inventory and the Delays for
Deliberating. ART. 1025.-The benefit of inventory is the privilege which the heir obtains of being liable for the charges and debts of the succession, only to the value of the effects of the succession, in causing an inventory of these effects to be made within the time and in the mapner hereinafter prescribed.
ART. 1026.-By term for deliberating is understood the time given to the beneficiary heir, to examine if it be for his interest to accept or reject the succession which has fallen to him.
ART. 1027.-The heir, who wishes to enjoy the benefit of inventory and the term for deliberating, is bound, as soon as he knows of the death of the deceased to whose succession he is called, and before committing any act of heirship, to cause the seals to be affixed on the effects of the succession, by any judge or justice of the peace.
ART. 1028.- In ten days after this affixing of the seals, the heir is bound to present a petition to the judge of the place in which the succession is opened, praying for the removal of the seals, and that a true and faithful inventory of the effects of the succession be made as is hereinafter prescribed.
ART. 1029,- In all cases, in which a succession is opened, and the presumptive heirs, who are present or represented, do not take the necessary measures to cause the seals to be affixed to, and an inventory made of the succession, any creditor of the deceased has the right, ten days after the opening of the succession, to cite the heirs before the judge of the place in which it is opened, in order to oblige them to declare whether they accept or renounce the succession.
ART. 1030.-If the heirs thus cited declare that they accept the succession, or if they are silent or make default, they shall be considered as having accepted the succession as unconditional heirs, and may be sued as such.
ART. 1031.-1f, on the contrary, the heirs thus cited declare that they wish to take the benefit of inventory,
and have the delay for deliberating, the judge shall grant them the delay, and order all proceedings against them, personally or as heirs, to be supended until the term has expired.
ART. 1032.-Whether the heir claims directly the term to deliberate, or whether it is claimed at the suit of the creditors of the succession, it shall be the duty of the judge to cause all the property belonging to the estate to be exhibited, and to make an inventory thereof, or to cause the same to be made by a notary duly authorized by him, which must be done without delay, and after calling the heir, and in his presence or that of his attorney,
if either attend, and of two witnesses. ART. 1033.-If there are, belonging to the succession, effecis situated in different parishes, the judge of the place where the succession is opened, shall address commissions to the judges of these parishes, authorizing them to make the inventory of the property situated within their respective jurisdiction; these judges are bound to make the inventory as soon as possible, in the manner prescribed in the preceding article, and shall return, without delay, certified copies of the same lo the judge issuing the commissions.
ART. 1034.-As soon as the inventory orinventories of the succession are finished, the judge of the place where the succession is opened, shall name an administrator to manage the property thereof, and oblige him to give good and sufficient security for the fidelity of his administration, unless the administrator prefer to furnish, in the stead of this security, a special mortgage on unincumbered property of a value sufficient to serve as a guarantee for his administration,
ART. 1035.- In the choice of the adıninistrator the preference shall be given to the beneficiary heir over every other person, if he be of age and present in the State. ART. 1036.--If there be two or more beneficiary heirs
of age and present in this State, the judge shall select one or two he shall consider the most solid, for the administration of the succession.
ART. 1037.-If all the beneficiary heirs be minors, their tutors or curators can claim the preference for the administration, and it shall be given them, under the charge of Their being personally responsible for their acts of administration, and giving security, as before required, though these tutors or curators should be the father or mother of the minors.
ART. 1038.—If the beneficiary heirs are absent, but represented in the State, their attorneys in fact can claim, in the name of their constituents, the preference for the administration over every creditor of the succession, provided'they have a special power to accept or reject this succession, or a general power to accept or reject all successions which may fall to their principals.
ART. 1039.-In case there be neither beneficiary heir, specially allorney in fact, tutor nor curator of the heirs, who will or can accept the administration or give the necessary securities, it shall be given to one or two of the creditors, whom the judge shall choose from among those who have first claimed this charge.
ART. 1040.-If there be several heirs to a succession, some of which have accepted unconditionally, and others claim the benefit of the term for deliberating, the judge of the place, where the succession is opened, shall, notwithstanding, cause an inventory to be made of the effects of the succession, and shall appoint an administrator to manage them, until a partition of the same be made
among the heirs.
ART. 1041.-The security to be given by every administrator thus named, shall be one-fourth beyond the estimated value of the moveables and immoveables, and of the credits comprised in the inventory, exclusive of the bad debts. By bad debts are understood those which
have been prescribed against, and those due by bankrupts who have surrendered no property to be divided among their creditors.
ART. 1042.-The administrators thus chosen have the same powers and are subject to the same duties and responsibilities as the curators of vacant estates, under the modifications hereafter made.
ART. 1043.-The term given to the beneficiary heir to deliberate whether he will accept or reject the succession, shall be thirty days from the day on which the inventory is finished.
If there have been inventories made in different parishes, the term commences from the day the last of them is finished.
ART. 1044.-The administrator cannot sell the real estate or slaves of the succession committed to his charge, until the term for deliberating has expired, and as to moveables, if there be any liable to be wasted or expensive to keep, be can sell them on the special authorization of the judge, at public auction, after advertisement during the time and in the manner prescribed by law.
Nevertheless, the judge can authorize the administrator to sell, in the same manner, moveable effects which might be preserved, if it be necessary to dispose of the whole or part of them in order to pay debts, the payment of which is urgent.
ART. 1045.—During the term for deliberating, the beneficiary heir cannot be compelled to assume the quality of heir, nor can any judgment be rendered against him. If he renounces at the expiration of the term or before, the costs by him lawfully incurred to obtain the benefit of inventory up to the renunciation, are at the expense of the succession.
ART. 1046.-Nevertheless, the creditors of the deceased may institute their suits against the administrator of the succession ; but on the exception being made by