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Swiss Civil Code

of 10 December 1907 (Status as of 1 July 2022)

Art. 640

II. Re­course against co-heirs

 

1 If an heir has paid a debt owed by the de­ceased that was not al­loc­ated to him or her in the di­vi­sion, or if he or she has paid more of a debt than he or she has as­sumed, he or she has right of re­course against the co-heirs.

2 Re­course is taken first against the per­son who as­sumed such debt in the di­vi­sion.

3 In all oth­er re­spects, the heirs must bear the debts in pro­por­tion to their shares in the es­tate, un­less oth­er­wise agreed.