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Contracts Concerning Succession

Exceptional admissibility.

Subject to the exceptions provided for in this title, a contract concerning succession to a living person is invalid.

Waiver of succession.

An intestate heir may, by a contract with a person to whom he is to succeed, waive succession to that person. The contract should be executed in the form of a notarial deed.

Effects.

Waiver of succession also covers descendants of the waiving person unless otherwise agreed. The waiving person and his descendants covered by the waiver of succession are excluded from succeeding as if they had not lived to the opening of the succession.

Repeal of waiver.

Waiver of succession may be repealed by a contract between the person who waived the succession and the person whose succession was waived. The contract should be executed in the form of a notarial deed.

Disposal of estate.

An heir who has accepted succession may dispose of the whole or any part of the estate. The same applies to the disposal of a share in the estate.

Double effect; causality; form.

A contract of sale, exchange, donation or another contract imposing an obligation to dispose of the estate transfers the estate to the acquirer unless the parties have decided otherwise.If the estate transfer contract is executed in performance of an obligation arising from a previously executed contract imposing an obligation to dispose of the estate, the validity of the estate transfer contract depends on the existence of the obligation.A contract imposing an obligation to dispose of the estate should be executed in the form of a notarial deed. The same applies to an estate transfer contract which is executed in performance of a previously existing obligation to dispose of the estate.

Acquirer's situation.

The acquirer of the estate steps into the rights and obligations of the heir.

Transferor's obligations.

The transferor of the estate is obliged to hand over all that, as a result of the disposal, loss or damage of items belonging to the estate, was obtained in exchange for those objects or as remedy for damage, and if the disposal of the estate was against payment, also to compensate for the loss of value resulting from the items belonging to the estate being used up or disposed of free of charge.§ 2. The transferor may demand that the acquirer return expenses and outlays made on the estate.

Liability for succession debts.

The acquirer of the estate is liable for succession debts to the same extent as the transferor. Their liability towards creditors is joint and several.In the absence of a contract to the contrary, the acquirer is liable towards the transferor for the creditors not demanding that the transferor make performances to satisfy the succession debts.

Implied warranty for defects.

In the event of the estate being disposed of, an heir is not liable under implied warranty for physical and legal defects in particular items belonging to the estate.

Transfer of benefits and burdens.

The benefits and burdens related to items belonging to the estate, as well as the risk of their accidental loss or damage, are transferred to the acquirer at the time the estate disposal contract is executed unless otherwise agreed

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