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(2) The members of the family council shall be given notice of the date of the conference,
where the inventory is subject to orphans jurisdiction, and they have to intervene to resolve
on the approval of debts and mode of their payment and on the allotment of emphyteusis
as a unit to one person.
(3) The resolution passed by the interested parties present at the conference is binding
upon those who did not attend it, unless such parties were not given notice of the
conference when such notice ought to have been given to him.
416. Debts payable by the inheritance and mode of payment.— (1) Debts payable by the
inheritance, listed or claimed, which are approved by the interested parties who are major
of age and by the family council and by the parents on behalf of the minors, are deemed to
have been judicially recognized, and the court shall in the order confirming the partition,
direct their payment if the amounts have not been paid before such order.
(2) When the law requires that the debt should be proved by documentary evidence of a
certain probative value, the family council or the representatives of the persons under
disability shall not approve the debt, unless such document or any other document of equal
or of higher evidentiary value, is produced.
417. Power of the Court to decide on debts.— Where the parties who are of major in age
and the family council or the parents of the minors, object to the approval of the debt
claimed, the Court shall, notwithstanding their objection, recognize its existence, provided
the creditor produces sufficient documentary evidence for the said purpose, unless the
document is challenged as being forged or evidence of equal or of higher probative value
is produced which disproves it or where questions, which require a detailed inquiry, have
been raised.
418. Disagreement on the approval of debts.— (1) Where there is disagreement on the
approval of debts, listed or claimed, amongst the interested parties who are of major in
age or between them and the family council or parents of the minors, the debt is deemed to
have been recognized to the extent of the share of those who approve them.
(2) The creditor shall have to file a suit for the recovery of the balance amount, unless the
existence of the debts can be proved as provided in the preceding section.
419. Payment of debts fallen due.— (1) The debts which have already fallen due and are
approved by all the interested parties, shall be paid immediately in case the creditor
demands their payment. Where the inheritance does not have sufficient funds, the court
shall order that the assets be sold for the said purpose by public auction. The court shall
determine which are the assets to be sold, when there is no agreement in that respect
amongst parties who are of major in age or between them and the family council and the
parents of the minors.
(2) If the creditor wishes to receive the payment in assets set apart for sale, the said
assets shall be adjudicated to him for the price which has been fixed by the court.