Page:The Civil code of Japan (IA cu31924069576704).pdf/298

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Chapter IV.
The Separation of the Property.

1041.

A creditor of the estate or a legatee may within three months from the time when the succession occurs apply to the court for a separation of the estate from the property of the heir. The same applies even after the expiration of such period, so long as the estate and the property of the heir have not been mingled.

If the court upon such an application orders a separation of the property, the applicant must within five days thereafter give public notice of such separation to the creditors of the estate and the legatees, and notify them to intervene in the distribution within a specified time, which must not be less than two months.

1042.

The applicant and the persons who have intervened according to the provisions of Art. 1041, 2 are entitled to receive performance out of the estate in preference to the creditors of the heir.

1043.

If an application for separation is made, the court may order all steps necessary for the management of the estate.

If the court appoints a manager, the provisions of Arts. 27–29 apply correspondingly.

1044.

If an application for separation is made after the heir

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