Page:The Civil code of Japan (IA cu31924069576704).pdf/290

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1012.

The partition of the property succeeded to relates back to the time when the succession occurred.

1013.

Each co-heir warrants in proportion to his portion as if he was a seller to the other co-heirs in regard to circumstances existing before the succession occurred.

1014.

Each co-heir is in regard to an obligation which another co-heir receives by the partition responsible in proportion to his portion to such other co-heir for the solvency of the debtor at the time of partition.

As to an obligation not yet due or subject to a condition precedent, each co-heir is responsible for the solvency of the debtor at the time when performance is to be made.

1015.

If any co-heir who is responsible under the provisions of the preceding two articles has not the means to make reimbursement, the amount which he is unable to reimburse is apportioned among the person entitled to reimbursement and the other co-heirs in proportion to their portions. If, however, the person entitled to reimbursement is in fault, he cannot claim such apportionment as against the other co-heirs.

1016.

The provisions of the preecding three articles do not

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