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BGB 2166. 1 If a bequeathed plot of land that is part of the inheritance is charged with a mortgage for a debt of the testator , or for a debt which the testator is obliged to the debtor to settle , the legatee is , in case of doubt , obliged in relation to the heir to satisfy the creditor in good time to the extent that the debt is met by the value of the plot of land . The value is determined according to the date on which the ownership passes to the beneficiary ; it is calculated by deducting the charges that have priority over the mortgage .
BGB 2166. 2 If a third party is obliged in relation to the testator to settle the debt , the obligation of the legatee exists , in case of doubt , only to the extent that the heir cannot require the third party to effect the discharge .