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Dokument BGB Book 5 Law of Succession
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115
=S=> BGB 1977. 1 If a creditor of the estate , before administration of the estate was ordered or before estate insolvency proceedings were instituted , set off without the approval of the heir his claim against a claim of the heir that does not form part of the estate , then after the administration of the estate is ordered or estate insolvency proceedings are instituted , the set-off is to be deemed not to have taken place .
=S=> BGB 1977. 2 The same applies if a creditor who is not a creditor of the estate has set off his claim on the heir against a claim belonging to the estate .