KUHPer XIII
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Page 1 (Article 1-91) - Page 2 (Article 92-182) - Page 3 (Article 183-273) - Page 4 (Article 274-364) - Page 5 (Article 365-455) - Page 6 (Article 456-498) - Page 7 (Article 499-589) - Page 8 (Article 590-680) - Page 9 (Article 681-771) - Page 10 (Article 772-862) - Page 11 (Article 863-953) - Page 12 (Article 954-1044) - Page 13 (Article 1045-1135) - Page 14 (Article 1136-1226) - Page 15 (Article 1227-1232) - Page 16 (Article 1233-1323) - Page 17 (Article 1324-1414) - Page 18 (Article 1415-1505) - Page 19 (Article 1506-1596) - Page 20 (Article 1597-1687) - Page 21 (Article 1688-1778) - Page 22 (Article 1779-1864) - Page 23 (Article 1865-1955) - Page 24 (Article 1956-1993)
Chapter XVI - Concerning the acceptance and rejection of inheritances
Article 1045
No individual shall be bound to accept an inheritance granted to him.
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Article 1046
Inheritances granted to married women, minors and individuals under conservatorship, may not be accepted legally, without having regard to the legal regulations relevant to those individuals. Testamentary dispositions, referred to in Article 900, and approved by the Governor General, shall only be accepted under the privilege of estate description.
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Article 1047
The acceptance of an inheritance shall be effective retroactively until the date on which it becomes available.
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Article 1048
The acceptance of an inheritance shall take place expressly or by implication; it is accepted expressly if an individual, in an authentic or private document, accepts the title or status of an heir; the acceptance shall take place by implication, if the heir commits an act which indicates his intention to accept, and which he would only be authorized to commit in his capacity as heir.
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Article 1049
Anything related to the funeral, or acts for the purpose of maintenance only or supervision or temporary management of the inheritance, shall not be regarded as acts which indicate the implied acceptance of an inheritance.
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Article 1050
If the heirs disagree as to whether or not to accept an inheritance, one can accept and the other can reject. If heirs disagree regarding the manner of acceptance of an inheritance, then this shall be accepted under the privilege of estate description.
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Article 1051
In the event that the party to whom the inheritance was granted, dies, without having rejected or accepted such, his heirs shall be authorized to accept or reject the inheritance in his place, and the stipulation of the previous article shall apply to them.
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Article 1052
An individual, who has accepted his share in an inheritance, shall not reject the share, which is due to him by virtue of an increase, except in the circumstances referred to in Article 1054.
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Article 1053
Willingness by an adult to accept an inheritance cannot be totally renounced unless such willingness was caused by duress or fraud committed against him. He cannot deny his acceptance, because of being jeopardized by it, unless the inheritance has been reduced by more than one half as a result of the discovery of a provision in the last will that was unknown at the time of acceptance.
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Article 1054
The share of an heir, which has been reinstated in its entirety in respect of his acceptance, shall not belong to his co-heirs due to increase, but rather due to their willingness to accept.
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Article 1055
The right to accept an inheritance shall expire after a period of thirty years, effective as of the date on which the inheritance becomes available, provided that, prior to or after such period the inheritance has been accepted by one of those who, by law or pursuant to the last will, are entitled thereto; however, without prejudice to the legal rights of third parties to the inheritance.
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Article 1056
An heir, who has rejected the inheritance, may subsequently accept such, provided that the inheritance has not been accepted by those who by law or last will are entitled thereto, without prejudice to the rights of third parties as regulated in the previous article.
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Article 1057
The rejection of an inheritance shall take place expressly, in the form of a statement submitted to the court clerk at the court of justice, in whose jurisdiction the inheritance has become available. The end of Article 1053 shall also apply to this statement.
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Article 1058
An heir who rejects an inheritance, shall be regarded as if he had never been an heir.
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Article 1059
The share of an individual who has rejected an inheritance, shall devolve upon those, who would have been entitled, in the event that the individual who has rejected the inheritance was not alive at the time of the death of the testator.
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Article 1060
An individual, who has rejected an inheritance, may never be represented by proxy; if he is the only heir in that degree, or if all heirs reject the inheritance, then their children, shall inherit equal shares on their behalf.
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Article 1061
The creditors of an individual who are disadvantaged by his rejection of the inheritance, may be authorized by a judge to accept the inheritance on the individual's behalf. In this regard, the rejection of the inheritance may only be canceled to the extent that it benefits the creditors and to the extent that it amounts to their debt claims; such rejection shall not be canceled for the benefit of the heir who has rejected the inheritance.
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Article 1062
The right to reject an inheritance shall not expire.
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Article 1063
An individual may not, even by provision in a prenuptial agreement, surrender the inheritance from an individual who is still living, neither may an individual transfer the rights to such inheritance which he is due to acquire after a certain period.
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Article 1064
Heirs, who have lost or hidden the assets, belonging to an inheritance, shall lose the right to reject the inheritance; they shall remain absolute heirs, notwithstanding their rejection, and they shall not be entitled to claim any part of the lost or hidden assets.
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Article 1065
No individual may be reinstated in the position they were in prior to rejection of an inheritance, other than in the event that such rejection resulted from deceit or duress force.
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Chapter XVII - Concerning conservatorship
Article 1066
An undivided estate shall not have to remain undivided. Division of the estate may, notwithstanding any conflicting prohibition, be demanded at any time. It may however, be agreed not to carry out the estate division during a specific period of time. Such agreement shall be binding for five years only, but may be extended upon expiration of each term.
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Article 1067
The creditors of the testator, including the legatees shall be entitled to oppose the estate division. The deed of the estate division, drawn up after such opposition and prior to compliance with that which was due and collectable during the opposition, for the benefit of the creditor or legatee, shall be void with regard to such creditor or legatee.
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Article 1068
With regard to a lawsuit filed against the estate division, expiration may only be invoked by the heir or co-heir, who, separately, during the time claimed for the expiration, has had possession of the assets, belonging to the estate, but not exceeding the value of such assets.
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Article 1069
In the event that the heirs have free use of their assets and are in attendance, the estate division shall take place in such manner and pursuant to such deed as they shall deem appropriate.
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Article 1070
The estate division cannot be demanded on behalf of those who do not have free use of their assets, other than by taking into consideration the requirements stipulated in the legal regulations with regard to such individuals. A husband may, without the cooperation of his wife, demand estate division or arrange such with regard to all the assets which constitute community property. With regard to the assets to which a wife is entitled and which do not form part of the community property, and in the event of a division of property between the spouses, the wife shall be entitled to demand estate division or assist in the implementation thereof, provided that she is assisted therein or authorized thereto by her husband, or by a judge.
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Article 1071
In the event that one or more of the interested parties refuse or fail to facilitate the implementation of the estate division, after being instructed thereto by legal judgment, the court of justice shall order that the orphans' chamber, upon letter of request of the parties with the most interest therein, shall represent the heirs who are guilty of refusal or failure in relation to the estate division, and shall manage their income; this is pursuant to the first section of the eighteenth chapter of the first book of this Civil Code. In this regard, as in the event that there are heirs who do not have free use of their assets, estate division cannot take place, other than in accordance with the stipulations in the following articles and failing such compliance, the estate division shall be rendered invalid, in the event of violation of any of the requirements, set out in Article 1072 and Article 1074.
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Article 1072
The orphans' chamber shall be present at the estate division, pursuant to that which is stipulated in the first paragraph of Article 417 of this civil code, together with the supervising guardian and the supervising conservator, in the event that the supervising guardianship or conservatorship has not been assigned to the orphans' chamber.
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Article 1073
In the event that no estate description yet exists, it shall be drawn up in advance in a separate deed, or together with the estate division in one and the same deed, in accordance with the legal requirements. If, however, all the heirs, were present at the time of death of the testator, and have had free use of their assets, but have not drawn up an estate description, and subsequent changes in the condition of the estate have rendered it impossible to comply with the legal regulations regarding estate description, then the estate division shall be preceded by an accurate description of the estate as left by the testator, the changes which have occurred, and the present condition. The validity of the information shall be declared under oath before a notary by those who are and shall continue to be in possession of the undivided property. Refusal to take the oath and the reason therefor, shall be mentioned by the notary in his deed.
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Article 1074
The estate division shall be drawn up in a deed, before a notary selected by the parties, or in the event of a dispute, by a notary appointed by the court of justice at the request of the parties with the greatest interest.
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Article 1075
In the event that the orphans' chamber refuses to approve the draft of the deed of estate division, and the heirs and their representatives (to the extent that such representation has not been assigned to the orphans' chamber) are of the opinion that there are no grounds for such refusal, the orphans' chamber shall submit the reasons for their refusal, and this shall be noted by the notary in his official report. The draft deed of estate division, certified by the orphans' chamber and the notary, shall be submitted, together with a copy of the official report, by the notary to the court clerk at the court of justice, or shall be forwarded in a sealed envelope, in the event that such official resides further than twenty poles from the seat of the court of justice. The official report of the notary and the drafted deed of estate division shall not be liable to stamp duty. The heirs, or those having the most interest, may submit their objections in a letter of request, to be filed with the court of justice. The court shall then, after having heard the interested parties and the orphans' chamber, and the prosecution counsel, pass judgment at the highest instance. In the event of approval, the estate division shall thereupon be implemented before a notary, in accordance with the draft, which after having been certified by the president and the court clerk, shall be returned to the notary and shall be attached to the official report prepared by him.
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Article 1076
If the heirs, or one or more of them are of the opinion that several or all of the immovable assets of the estate, whether to be used for settlement of debts or to implement proper division in the interest of the estate, must be sold, the court of justice, may, after hearing the other interested parties or after having properly summoned them, order the sale, in accordance with the legal stipulations in the Regulations regarding civil procedures, on condition that, in the event that the sale takes place in public, supervising guardians and conservators must be present or must have been properly summoned. If one of the heirs purchases part of an immovable asset, it shall have the same effect with regard to him, as if he had acquired it through the division.
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Article 1077
The appraisal of the assets forming part of the estate at the time of the estate division shall take place as follows: stocks, debts and shares in companies, which are mentioned in the price publications, drawn up and issued upon public authority, shall be appraised according to the price publications; the value of other movable assets, shall be that at which they were appraised in the estate description, unless one or more heirs seeks a further appraisal by an expert; the value of immovable assets shall be that which is agreed by three experts.
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Article 1078
The experts shall be nominated by the interested parties, or in the event of dispute, at the request of the party having the largest interest, by the court of justice within whose legal jurisdiction the inheritance becomes available, and to the extent of the valuation of the immovable assets, by the court of justice within whose legal jurisdiction the assets are located. Agents shall carry out the valuation, upon oath sworn at the commencement of their service. Other experts shall, prior to the valuation, be sworn in by the head of the government at the location where the inheritance is available, or to the extent that it concerns the valuation of the immovable assets, by the head of the government at the place where the assets are located. If the parties, in relation to the immovable assets which are located outside Indonesia, cannot reach an agreement regarding the nomination of the experts, the court of justice shall regulate the manner in which the valuation shall be carried out.
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Article 1079
Following the arrangements regarding collation and that which is owed by the estate to one or more heirs for any reason, the remainder of the estate and the share of each heir or branch of the main stock shall be stipulated. Thereafter, upon the mutual approval of the interested parties, each individual's share in the assets shall be allocated by division and in the event that there are grounds therefor, payment shall be made of a sum equal to the share due. If the interested parties do not approve such allocations, the land shall be divided into the number of parcels which equals the number of heirs or branches of the main stock, and the allocation of the parcels shall be decided by lottery. The sub-division of assets belonging to a branch of a main stock shall take place in the same manner. Any dispute regarding the allotment of parcels and sub-divisions shall, upon request of the parties having the largest interests, be decided by the court of justice, in the manner stipulated in the fourth paragraph of Article 1075.
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Article 1080
Following the distribution by lot, the heirs shall be authorized to exchange the parcels allocated to them, provided that this shall take place prior to the execution of the deed of division and shall be mentioned therein. This exchange shall have the same consequences as if the exchanged assets had been acquired upon the division. Such an exchange can, in the same manner and with the same consequences, also apply to that part of the assets allocated between heirs who have free use of their assets.
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Article 1081
The papers and evidence of title, of the assigned assets, shall be submitted to the individual to whom the assets have been assigned. If the documents relate to assets assigned to one or more heirs, they shall be kept by the individual, to whom the most significant portion of the assets has been assigned, who shall then be obligated to make them available for inspection by the co-heirs, and if any one of them so requires, to issue copies or summaries, at their own cost.
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Article 1082
All of the estate documents shall be kept by the individual nominated by the majority of heirs, or in the event of a dispute, by the court of justice, at the request of the parties having the largest interests, who shall be required to display the document and to issue copies and summaries, pursuant to the stipulations in the previous article.
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Article 1083
Each heir shall be deemed to immediately succeed the testator in title to the assets resulting from allocation or purchase pursuant to Article 1076. None of the heirs shall be considered to have held title at any stage to the other assets of the inheritance.
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Article 1084
The co-heirs shall be required, in proportion to their share, to indemnify one another against all disturbances and claims, arising from causes which existed prior to the division, including indemnification in respect of the solvency of individuals who owe interest or other debts. The indemnification shall not take place, if it has been specifically excluded, by a special and express stipulation in the deed of estate division. It shall cease, if a charge has been filed against a co-heir due to his own fault. The indemnity in respect of the solvency of individuals who owe interest or other debts on the estate shall be due only if the debt claim against one of the heirs has been filed for the full amount, and if it has been proven by such heir, that the debtor was insolvent at the time of preparation of the deed of estate division. The claim for an indemnity, mentioned in the previous paragraph, cannot be filed after the expiration of three years from the estate division.
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Article 1085
In the event that one or more heirs are incapable of providing their share due in respect of compensation, pursuant to the indemnity given to their co-heirs, then their liability in respect of the share due, shall be transferred in proportion to their share in the inheritance to those who are secured and the co-heirs who are capable of paying.
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Article 1086
Without prejudice to the obligation of all heirs in respect of payment to or settlement with their co-heirs of any amount that they owe to the estate, any inter vivos gifts, which they have received from the testator, shall be returned by the following: 1. by the heirs in the descending line, legal or natural, whether they have accepted the inheritance absolutely or under to the privilege of estate description; whether they have been summoned for the legal inheritance share or more than that; unless the gifts have been made with an express guarantee of collation, or the beneficiary by an authentic deed, or by last will, has been released from the obligation of collation; 2. by all other heirs, either upon death, or by last will, but only in the event that the testator or donor has expressly instructed or stipulated the collation.
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Article 1087
An heir, who rejects an inheritance shall not be obliged to return that which was granted to him, other than for the purpose of supplementing such portion which would reduce the legal inheritance share of his co-heir.
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Article 1088
If the collation exceeds the inheritance share, the excess shall not be required to be returned, without prejudice to the stipulation in the previous article
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Article 1089
Parents shall not be obliged to return the inter vivos gifts granted to their child by the grandparents. Also, a child who inherits directly from his grandparents shall not be obliged to return the gift which has been granted to his parents by his grandparents However, a child, who receives such inheritance by substitution, shall return the gifts which have been granted to his parents, even if the child has rejected the inheritance from his parents. In the event of such rejection, the child shall, not be liable for his parents' debts with respect to his co-heirs in the inheritance from his grandparents.
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Article 1090
Gifts granted to a spouse by one of the parents of the other spouse, shall not be subject to even half of the collation, even though the objects form part of the community property. If the gifts were granted to both spouses by the father or the mother of one of them, then one half of the gift shall be included in the collation. If the gift to the spouse has been given by his own father or mother, the entire gift shall be included in the collation.
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Article 1091
The collation shall only take place in the inheritance of the donors; this collation is only owed by one heir for the benefit of the other. No collation shall be required for the benefit of legatees, or creditors of the estate.
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Article 1092
Collation shall take place, either by returning that which was enjoyed to the estate in its original condition, or by receiving that amount less than the other heirs.
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Article 1093
The collation of immovable assets may take place at the option of the persons effecting collation, either by returning these in the original condition that they were in at the time of the collation, or by contributing the value thereof, as at the time the gift was granted. At the first instance the person effecting collation shall be responsible for the depreciation of the assets which occurred due to his fault, and shall be obligated to release them from the encumbrances and the mortgages imposed by him. All necessary expenses incurred for the maintenance of the property, and the maintenance charges shall, equally be reimbursed to the person effecting collation, in accordance with the rules in the chapter relating to use of proceeds.
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Article 1094
The collation of cash shall occur at the option of the person effecting collation by payment of such amount, or by deducting such amount from the inheritance share to which he is entitled.
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Article 1095
The collation of movable assets shall take place, at the option of the persons effecting collation, by returning an amount to the value thereof at the time of the gift, or by returning the assets in their original state.
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Article 1096
In addition to the gifts in Article 1086 which are subject to collation, that which has been granted to the heir for the purpose of providing him with status, a profession or business, or for settlement of his debts, and that which has been given into the marriage shall be returned.
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Article 1097
The following shall not be subject to collation: expenses incurred in maintenance and education; allowances for necessary cost of living; expenses incurred for the studying of an area of commerce, art, handicraft or business; expenses incurred in studying; expenses incurred in substitution or exchange of numbers in the State's armed forces; expenses incurred in relation to the wedding, clothes and jewelry bestowed as part of a wedding trousseau.
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Article 1098
The interest and proceeds of anything subject to collation shall be due from the date that the inheritance becomes available.
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Article 1099
Anything that is lost by accident and due to no fault of the beneficiary, shall not be required to be returned.
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Article 1100
The heirs, who have accepted an inheritance, shall in the settlement of debts, legacies and other encumbrances, be responsible therefor proportionately to that which they have received from the inheritance.
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Article 1101
They shall be personally responsible for such payment, each in proportion to the amount of his share in the inheritance, without prejudice to the rights of the creditors to the entire inheritance, to the extent that this is still undivided, including the rights of the mortgage creditors.
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Article 1102
If the immovable assets belonging to the estate are encumbered by mortgages, each of the co-heirs shall have the right to claim that such encumbrances shall be settled from the estate, and that the assets shall be released from such encumbrance, prior to their division into parcels. If the heirs divide the inheritance in its present condition, the encumbered immovable assets shall be estimated in the same manner as the other immovable assets; thereafter, the principal sum in respect of the encumbrance shall be deducted from the total value of the assets, and the heir, to whom the immovable asset is due, shall then be singly charged with the settlement of the debts and shall indemnify the other heirs against any lawsuit in respect of such debts. If the encumbrance is imposed on the immovable asset only and does not relate to any person, none of the co-heirs may claim that the encumbrance shall be settled, as a result of which the immovable asset shall be included in the division, after deducting the principal sum in respect of such encumbrance.
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Article 1103
An heir, who pursuant to a mortgage, has paid more than that which he is liable for in respect of a joint debt, may claim back from each of his co-heirs that which each of them should have personally contributed to the debt.
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Article 1104
In the event that one of the co-heirs becomes insolvent, his liability under the mortgage debt shall be imposed on the others, in proportion of the respective inheritance shares.
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Article 1105
A legatee shall not be subject to debts and encumbrances of the inheritance, regardless of the right of the mortgage creditor to claim the devised immovable asset.
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Article 1106
In the event that the legatee settles the debt which was secured by the devised immovable asset, he shall by law assume the rights of the creditor, in relation to the heirs.
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Article 1107
The creditors and the legatees of the deceased may claim from the creditors of the heir that the estate of the deceased shall be separated from that of the heir.
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Article 1108
If the creditors or legatees have filed their legal claim for separation within a time period of six months after the inheritance becomes available, they shall be entitled to record their claim in the public registers designated thereto, beside each piece of immovable asset, belonging to the inheritance, with the result that, following registration, the heir shall be prohibited from transferring or encumbering such asset, thereby jeopardizing the rights of the creditors of the inheritance.
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Article 1109
Such right, however, cannot be exercised, in the event of a renewal of an outstanding debt claim against the deceased in which the heir shall be regarded as the debtor.
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Article 1110
The same right shall expire after a period of three years has elapsed.
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Article 1111
The creditors of the heir shall not be entitled to claim separation of the estate against the creditors of the inheritance.
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Article 1112
Estate divisions may be nullified as follows:
(1) due to force;
(2) due to deceit, by one or more participants;
(3) due to damage to more than one quarter of the inheritance. The omission from division of one or more objects, belonging to the estate, shall result in the grant of the right to claim a further division.
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Article 1113
To determine whether damage has occurred, the assets shall be evaluated at their value at the time of the division.
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Article 1114
The individual against whom a claim for nullification has been filed on the grounds of damage having occurred, may prevent re-division by providing the claimant with either cash, or the property in it's original state to the value of that which is missing from the claimant's share.
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Article 1115
The co-heir, who has disposed of the entire allotment or part thereof, shall not request nullification of the estate division, pursuant to force or deceit, if the disposal took place after the force ceased to have effect or after the discovery of the deceit.
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Article 1116
The legal claim for nullification shall expire after a period of three years has lapsed, effective as of the date of the estate division.
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Article 1117
The legal claim for nullification shall be made with respect to each deed the purpose of which is to divide the estate among the co-heirs, regardless of whether the deed is drafted as a deed of sale, purchase, exchange, or agreement and similar such deeds. However, if the estate division, or a similar deed, has been concluded, no nullification may be requested of an agreement which is made to eliminate the objections mentioned in the first deed.
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Article 1118
The legal claim for nullification of estate division shall not be admitted in respect of the sale of a succession right, without any deceit to one or more of the co-heirs for their benefit or to their disadvantage by the co-heir or done by one of them.
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Article 1119
No re-division, implemented after the nullification of the estate division, may jeopardize rights previously legally acquired by third parties.
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Article 1120
Any renunciation of the right to request nullification of a division shall be invalid.
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Article 1121
The blood relatives in the ascending line shall by last will, or by notarial deed, among their descendants or between their descendants and the surviving spouse, determine the division and separation of their assets.
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Article 1122
If all the assets left upon the death of the blood relative in the ascending line, are not included in the division, then the undivided assets shall be distributed in accordance with the law.
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Article 1123
If the division is not among all the children who were alive at the time of the testator's death, and his descendants, the division shall be deemed to be invalid. A new division in a legal format may be claimed, either by the children or descendants who did not receive their shares, and by the individuals among whom the division was made.
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Article 1124
A division made in accordance with Article 1121 may be disputed if the losses amount to more than one quarter. It may also be disputed, if the division, and any advance made with exemption from collation, shall reduce the legal inheritance share of one or more descendants. The legal claim in accordance with this article, shall expire after three years, effective from the date on which the testator dies.
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Article 1125
The heirs, who, for one of the reasons expressed in the previous article, dispute the division, shall provide the costs required for the appraisal of the assets, and those costs shall be charged to them if their claim should prove to be unfounded.
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Chapter XVIII - Concerning ungoverned inheritances
Article 1126
In the event that an inheritance becomes available, and no one claims it, or if the known heirs reject it, the inheritance shall be regarded as ungoverned.
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Article 1127
The orphans' chamber shall by law be responsible for the government of each ungoverned inheritance, which has become available in their jurisdiction, regardless of whether the estate is solvent or insolvent. They shall be obligated to inform the prosecution counsel or the court of justice in writing of the acceptance of such government. In the event of a dispute regarding whether the inheritance is ungoverned, the court shall, at the request of the interested parties or upon the recommendation of the prosecution counsel, decide thereupon in the absence of a lawsuit, after having consulted the orphans' chamber.
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Article 1128
The orphans' chamber shall be obligated to prepare an estate description, following the sealing, if it is deemed necessary, and to govern the estate and administer it. They shall be obligated to locate the heirs by summoning them in public newspapers or by other appropriate means. They shall appear in court in relation to the legal claims which have been filed against the inheritance, and they shall exercise and continue all rights belonging to the deceased, and shall give an account of their government to the rightful party.
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Article 1129
In the event that no heir appears, within a period of three years following the date on which the inheritance became available, the final account shall be presented to the State, which shall be authorized to initially take possession of the inherited assets.
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Article 1130
The stipulations mentioned in Article 1036, 1037, 1038, 1036 and 1041 shall apply to the government of ungoverned inheritances.
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Chapter XIX - Concerning priority of debts
Article 1131
All movable and immovable assets of the debtor, either present or future, shall be regarded as securities for the debtor's personal agreements.
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Article 1132
The assets shall serve as joint guarantees for his creditors; the proceeds thereof shall be divided among the creditor in proportion to their loan, unless there exists a legal order of priority among the creditors.
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Article 1133
The priority among creditors shall be based upon privilege, pledge and mortgage. Pledge and mortgage shall be regulated in the twentieth and twenty first chapter of this book.
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Article 1134
Privilege is a right acknowledged by the law applicable to one creditor over the other, based upon the nature of the debt. Pledge and mortgage are superior to privilege, with the exception of the circumstances in which the law expressly stipulates otherwise.
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Article 1135
The order of priority between creditors shall be regulated in accordance with the different nature of the priorities.
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