Page:The Civil code of Japan (IA cu31924069576704).pdf/296

If, in order to make any performance required to be made by the preceding three articles, a sale of the estate is necessary, the heir must make such sale by public auction; but he may prevent the sale of the whole or a part of the estate by performing up to a proportional amount as fixed by a valuation made by experts appointed by the court.

A creditor of the estate or a legatee may at his own cost intervene in any proceeding had for the purpose of the sale or valuation of the estate. In such case the provisions of Art. 260, 2 apply correspondingly.

If an heir who accepts qualifiedly omits to give the public notice or notification mentioned in Art. 1029, or if within the period there specified he performs to a creditor or legatee and thereby becomes unable to perform to any other creditor or legatee, he is liable for all damage arising therefrom. The same applies, if he makes performance in contravention of the provisions of Arts. 1030–1033.

By these provisions the right of recourse of a creditor or legatee against another creditor or legatee who with knowledge of the facts has improperly received performance is not affected.

The provisions of Art. 724 apply correspondingly in the case of the preceding two paragraphs.

A creditor or legatee who has not presented his claim