Page:The Civil code of Japan (IA cu31924069576704).pdf/300

This page has been proofread, but needs to be validated.

— 280 —

case the creditors of the heir are entitled to receive performance in preference to the persons before mentioned.

1049.

An heir may prevent the application for separation or avoid its effect by making performance to the creditors of the estate and the legatees from his own property or by giving them proper security. But this does not apply, if the creditors of the heir object and prove that they would suffer damage thereby.

1050.

The creditors of the heir may demand separation so long as the heir still has the power to accept qualifiedly, or the estate and his property have not been mingled.

In such case the provisions of Arts. 304, 1027, 1029–1036, 1043–1045 and 1048 apply correspondingly, except that the public notice and the notification provided for in Art. 1029, must be made by the creditor who has applied for separation.

Chapter V.
The Absence of an Heir.

1051.

If it is uncertain whether there is an heir, the estate is a juridical person.

This article is issued from Wikisource. The text is available under Creative Commons Attribution-Share Alike 4.0 unless otherwise noted. Additional terms may apply for the media files.