Article 1600Qu’est-ce que l’héritage ?

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 1473/2542 (1999)

   An heir inherits the deceased's contractual duties under §1600, including a duty to give consent required by an agreement made before death.

   The deceased and the plaintiff had agreed that on either party's death the survivor would need the other's heirs' consent to withdraw jointly held bank deposits. When the deceased died, the defendant as heir stepped into the deceased's rights and duties under §1600 and was therefore obliged to give consent for the plaintiff to withdraw the plaintiff's own share of the deposits.

   Lire la décision complète (deka.in.th)

2. Arrêt de la Cour suprême n° 4714/2542 (1999)

   Rights that arise only as a consequence of death are not pre-existing property of the deceased and do not form part of the estate under §1600.

   The court held that marital property under §1470 refers to property existing while the marriage subsists. A severance payment arising from and received after the deceased's death was not marital property, and §1600, which covers property of every kind, also does not encompass a right that arose only because of the death itself rather than as a pre-existing right of the deceased.

   Lire la décision complète (deka.in.th)

Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.