Article 1168. Preemptive right to an indivisible thing in the division of inheritance.

1. An heir who, jointly with the testator, has the right of common ownership of an indivisible thing (Article 133), the share in the right to which is part of the inheritance, has the priority right to receive on account of his hereditary share of the thing in common ownership before heirs who were not previously members of the common property, regardless of whether they used this thing or not. 2. An heir who constantly used an indivisible thing (Article 133), which is part of the inheritance, has, when dividing the inheritance, a preferential right to receive, at the expense of his hereditary share, this thing before the heirs who did not use this thing and who were not previously participants in common ownership of it. 3. If the inheritance includes a dwelling (house, apartment, etc.), the division of which in kind is impossible, when dividing the inheritance, the heirs who lived in this dwelling on the day of the opening of the inheritance and who do not have another dwelling have who are not the owners of the dwelling, which is part of the inheritance, the preferential right to receive on account of their hereditary shares of this dwelling.

<< Article 1167 TKRF Back to table of contents Article 1169 of the TKRF >>

References to other articles of chapter 64. Acquisition of an inheritance:
Article 1152. Acceptance of inheritance.
Article 1153. Ways of accepting inheritance.
Article 1154. Deadline for accepting an inheritance.
Article 1155. Acceptance of inheritance upon expiration of the established period
Article 1156. Transfer of the right to accept inheritance (hereditary transmission).
Article 1157. Right to refuse an inheritance.
Article 1158. Refusal of inheritance in favor of other persons and refusal of part of inheritance
Article 1159. Ways of non-inheritance.
Article 1160. Right to refuse to receive a testamentary.
Article 1161. Increment of hereditary shares.
Article 1162. Certificate of Inheritance.
Article 1163. Terms for issuing a certificate of inheritance.
Article 1164. The common property of the heirs.
Article 1165. The division of inheritance by agreement between the heirs.
Article 1166. The protection of the interests of the child in the division of inheritance.
Article 1167. Protection of the legitimate interests of minors, incapable and partially capable citizens in the division of inheritance.
Article 1169. Preferential right to items of ordinary home furnishings and households in the division of inheritance.
Article 1170. Compensation of the disproportion of inherited property with a hereditary share.
Article 1171. The protection of inheritance and its management.
Article 1172. Measures for the protection of inheritance.
Article 1173. Trust management of hereditary property.
Article 1174. Reimbursement of expenses caused by the death of the testator, and expenses for the protection and management of the inheritance.
Article 1175. Responsibility of heirs for the debts of the testator.