section 2056
Payment of legacies and debts of inheritance
The Portuguese Civil Code, 1867During the pendency of the inventory the administrator of the estate may pay the legacies and the debts, when all the heirs, creditors and legatees agree for such payment. § 1 - When some of the parties do not agree for the payment, the creditors, and the legatees as well, may sue the heirs, and they may be paid after obtaining decree, become final for want of appeal, although the inventory is not concluded, in such case, however, the legatees shall furnish the security. § 2 - The payment of the debt and the delivery of the legacy effected otherwise than in the manner established in this article and paragraph, are null and void, and the administrator of the estate who had effected them, shall be liable for defalcation, which the debt or the legacy may have to suffer, on account of the inheritance being not sufficient for full payment of the debts and of the legacies.
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