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Volume 1, Draft Civil Code - Digital exhibitions & collections - McGill ...

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SUCCESSION 145<br />

87, the lawful expenses incurred before the acceptance or<br />

renunciation are borne by the succession.<br />

When the acceptance with benefit of inventory, or the<br />

renunciation, takes place only after the period expires, the<br />

court may decide that those expenses will also be chargeable<br />

to the succession.<br />

95 Any interested person may apply to the court to have<br />

seals affixed, an inventory made, a sequestrator appointed, or<br />

any other order rendered which is necessary to preserve his<br />

rights.<br />

96 Conservatory measures benefit all the creditors and<br />

heirs of the deceased and create no right of preference among<br />

them.<br />

Saving the case provided for in Article 131, when the<br />

moveable property of the succession has been the object either<br />

of conservatory measures or of seizures or other measures of<br />

execution, no payment may be made out of the moveable<br />

property to the creditors and legatees of the deceased before<br />

the expiry of three months from the day the measure was<br />

ordered.<br />

In the event of alienation of moveable property, the<br />

right of the creditors and legatees may be exercised against the<br />

price as long as it remains unpaid.<br />

97 The costs of seals, inventory and accounting are chargeable<br />

to the succession.<br />

The same applies to costs of security to be furnished by<br />

the beneficiary heir, when so ordered unless he is guilty of a<br />

fault.<br />

98 Any heir or creditor may consult the inventory and may<br />

obtain a copy of it at his own expense.

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