3.1.95 to 3.1.98

(85) Likewise, if an heir, before he declares his acceptance of the estate of an intestate, or acts as heir to the same, surrenders the estate in court, he to whom it was surrendered becomes the heir absolutely, just as if he himself had been legally called to the succession. If, however, the heir should surrender the estate after having accepted it, he will still remain the heir, and for this reason he will be liable to the creditors, and he must transfer the corporeal property belonging to the estate just as if he had surrendered the separate articles in court; but the debts are extinguished, and in this way the debtors to the estate profit by the transaction. (86) The same rule of law applies where a testamentary heir accepts the estate, and then surrenders it in court; but if he surrenders the estate before entering on it, his act will be of no force or effect. (87) The question arises whether a proper and necessary heir, by surrendering an estate in court, performs an act which is valid. Our preceptors hold that such an act is void; authorities of the other school, however, think that the same effect is produced as that caused by other heirs after the estate had been entered on; for it makes no difference whether a party becomes an heir either by declaring his acceptance, or as acting in the capacity of heir, or whether he is compelled by law to accept the estate. (88) Let us now pass to other obligations, the principal division of which is into two classes, for every obligation either arises from a contract, or from an offence.