Civil Code (Cap. 16)

Civil Code (Cap. 16), article 941

Official PDF on legislation.mt

941. (1) A co-heir who, owing to a hypothec, has paid more than his share of a common debt, cannot seek relief against the other co-heirs beyond the share due personally by each of them, even though in paying the debt he shall have caused himself to be subrogated to the ri ghts of the creditor. (2) A co-heir, however, who, by entering upon inventory, has retained the right of demanding the payment of a debt due to hi m personally, may, like any other creditor, demand the payment of such debt, deducting therefrom th e share payable by him as co-h eir. Insolvency of co-heir.

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Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.