LA DISPOSICIÓN DEL CRÉDITO HECHA POR EL TESTADOR MEDIANTE LEGADO: CLAÚSULAS TESTAMENTARIAS Y LEGADO DE LIBERACIÓN O PERDÓN DE UNA DEUDA.

Abstract

In the exercise of the testator's broad powers of disposal, the testator may release a person owing the testator a debt by waiving payment of that debt. This may be done in such a way that the creditor/testator, when drawing up the provision, releases the beneficiary legatee of the debt. Therefore, one direct consequence is the waiver of the right to demand the sum owed. When the bequest in question has not been revoked and the will is valid, the encumbered heir will have to give a receipt if the beneficiary requires one. This paper will look at the controversial issues attached to such bequests and the particular case of payment of the reserved portion required by law by means of a bequest releasing the legatee from debt, provided for in article 870 of the Civil Code.