Article 1137. Testamentary refusal.
1. The testator has the right to impose on one or several heirs under a will or under the law the execution at the expense of the inheritance of a property obligation in favor of one or several persons (the beneficiaries) who acquire the right to demand the performance of this obligation (testamentary refusal). A testamentary waiver must be established in the will. The content of the will may be exhausted by a testamentary refusal. 2. The subject of a testamentary refusal may be the transfer to the legatee of ownership, possession on another property right or in the use of a thing belonging to the inheritance, the transfer to the legatee of the property right included in the inheritance, the acquisition for the defendant and the transfer of other property to it, work or the provision of a certain service to him or the performance in favor of the legatee of periodic payments and the like. In particular, the testator may impose on the heir, to whom a dwelling house, apartment or other dwelling place, gives another person the right to use this room or a certain part of it for another person. In the subsequent transfer of ownership of the property, which was part of the inheritance, to another person, the right to use this property, granted under a testamentary refusal, remains valid. 3. The provisions of this Code on obligations apply to relations between the beneficiary (creditor) and the heir to whom the testamentary refusal (debtor) is assigned, unless otherwise specified in the rules of this section and the substance of the testamentary refusal. 4. The right to receive a testamentary refusal is valid for three years from the date of opening the inheritance and does not transfer to other persons. However, a legatee in the will may be assigned another legatee in case the legatee appointed in the will dies before the opening of the inheritance or at the same time with the testator, or refuses to accept the testamentary refusal or does not use his right to receive the testamentary refusal in accordance with the rules of paragraph 5 of Article 1117 of this Code.
References to other articles of chapter 62. Inheritance by will: