Page:กม ร ๘ - ๒๔๗๘ fixed.pdf/1327

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1227

the knowledge on the part of the refusing heir alone suffices to request the revocation.

When the refusal has been revoked, the creditor may request the court to give an order for him to receive the estate instead of the heir and by the rights of such heir.

In this case, when the debts of the heir have been paid to the creditor, if there remains any portion which belongs to that heir, it shall pass to the descendants of the heir or to the other heirs of the estate owner, as the case may be.

Section1615.Refusal of an estate by an heir takes retroactive effect from the time of the death of the estate owner.

When any statutory heir refuses an estate, his descendants can succeed to the estate by virtue of their own rights and are entitled to the share equal to that which the refuser would receive, but those descendants must not be ones in whose name the fathers or mothers, guardians, or custodians, as the case may be, have validly refused the estate.

Section1616.If the descendants of the refuser have received the estate as stated in section 1615, the refuser