569
=U4= Sec1970 -- Section 1970 Notification of the claims
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=S=> BGB 1970 The creditors of the estate may be requested by way of public notice procedure to notify their claims .
=U4= Sec1971 -- Section 1971 Creditors not affected
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=S=> BGB 1971 Pledgees and creditors who are equivalent to pledgees in insolvency proceedings , and creditors who on execution of judgment against the immovable property have a right to satisfaction from this property are , insofar as it is a question of satisfaction from the objects subject to their claims , not affected by the public notice procedure . The same applies to creditors whose claims are secured by a priority notice or who have a right of separation of assets in the insolvency proceedings , with regard to the objects subject to their rights .
=U4= Sec1972 -- Section 1972 Rights not affected
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=S=> BGB 1972 Rights to a compulsory portion , legacies and testamentary burdens are not affected by the public notice , notwithstanding the provision in section 2060 no . 1.
=U4= Sec1973 -- Section 1973 Exclusion of creditors of the estate
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=S=> BGB 1973. 1 The heir may refuse the satisfaction of a creditor of the estate excluded in the public notice procedure to the extent that the estate is completely exhausted in the satisfaction of the creditors who are not excluded . However , the heir must satisfy the excluded creditor before the obligations arising from rights to compulsory portions , legacies and testamentary burdens unless the creditor asserts his claim only after the discharge of these obligations .
=S=> BGB 1973. 2 The heir must return a surplus for the purpose of satisfying the creditor by way of execution of judgment under the provisions on the return of unjust enrichment . He may prevent the return of the objects of the estate still in existence by paying the value . The final and absolute judgment ordering the heir to satisfy an excluded creditor has the same effect with regard to another creditor as satisfaction .
=U4= Sec1974 -- Section 1974 Defence of withheld information
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=S=> BGB 1974. 1 A creditor of the estate who asserts his claim to the heir later than five years after the devolution of the inheritance is on the same footing as an excluded creditor , unless the claim became known to the heir before the expiry of the five years or was notified in the public notice procedure . If the deceased is declared to be dead or if his date of death is determined under the provisions of the Missing Persons Act [ Verschollenheitsgesetz ] , the period does not begin before the order containing the declaration of death or the determination of the time of death becomes final and absolute .
=S=> BGB 1974. 2 The obligation imposed on the heir under section 1973 ( 1 ) sentence 2 arises in the interrelationship of obligations under rights to a compulsory portion , legacies and testamentary burdens only to the extent that the creditor would have priority in the case of estate insolvency proceedings .
=S=> BGB 1974. 3 To the extent that a creditor is , under section 1971 , not affected by the public notice , the provisions of subsection 1 do not apply to him .
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