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

168 SUCCESSION
whatever title, and all amounts he owes to his copartitioners
resulting from indivision.
The debts referred to in the first paragraph are subject to
return even if they are not due when partition takes place.
221 Return is not due if the deceased has stipulated, by deed
inter vivos or by will, that the debt is to be released upon his
death.
222 If the amount in capital and interest of the debt to be
returned exceeds the value of the hereditary share of the
copartitioner bound to return, the copartitioner remains
indebted for the remainder and must pay it according to the
conditions attached to the debt.
223 If a copartitioner bound to return debts has himself
claims to make, even though they are not due at the time of
partition, he must return only the balance of his debt.
224 Return of debts is made by taking less.
The deduction effected by coheirs may be set up against
the personal creditors of the heir returning.
225 Return must be made of the value of the debt in capital
and interest at the time of partition.
The returnable debt bears interest from the death if it
precedes the death and from the date when it was contracted if
it was contracted after the death.
Section III
Effects of partition
§ - 1 The declaratory effect of partition
226 Partition is declaratory of ownership.