section 2059
Inheritance where debts exceed assets
The Portuguese Civil Code, 1867General18672540 sections
Statutory text
Where the assets are not sufficient for the payment of debts and legacies, the administrator shall render accounts of his administration to the creditors and legatees and shall be liable for damages suffered by the estate due to his fault or negligence. § 1 - In such case, the court shall order the payment of the debts, by bringing to the mass either the whole of the legacies, or part of each of them, proportionate to the shortfall. § 2 - If, nevertheless, the whole is not sufficient for the payment of creditors, and they do not agree to be paid pro-rata they may seek relief by ordinary means to obtain the payment.
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