Art. 2675.Case Falling Within Application of Two Or More Articles; Plaintiff May Bring Proceeding Under Any Applicable Article
Book V. Summary and Executory Proceedings · Title II. Executory Proceedings · Chapter 2. Proceeding Against Surviving Spouse, Succession, or Heir · Amendment history unavailable · Last verified July 30, 2026
Full Text of Art. 2675
Plain-English Summary
Articles 2671 through 2674 cover different situations following a debtor's death or incapacity: a surviving spouse in community, heirs or legatees who have accepted the succession, a legal representative administering the property, and an unrepresented defendant needing a court-appointed attorney. Real cases do not always sort cleanly into just one of these categories.
Article 2675 resolves any overlap by giving the plaintiff a choice. When a case falls within the provisions of two or more of those articles, the plaintiff may bring the executory proceeding under any applicable article, rather than being forced to pick the one that technically fits best or to proceed under all of them at once.
That flexibility keeps the chapter's separate categories from becoming a trap for the creditor. A debtor's death might, for example, leave a surviving spouse in community and also leave the debtor's separate property under a legal representative's administration; Article 2675 lets the creditor rely on whichever article's procedure fits the practical situation, without having to litigate which single category controls.
Frequently Asked Questions
What happens if a case fits more than one of Articles 2671 through 2674?
Article 2675 lets the plaintiff bring the executory proceeding under any of the applicable articles, rather than requiring a single mandatory choice.
Does a creditor have to prove which single article applies before proceeding?
No. Article 2675 removes that requirement by allowing the plaintiff to select any article that fits the facts when more than one applies.
Why would a case overlap between the surviving-spouse, heirs, and legal-representative articles?
A debtor's death can create overlapping circumstances, such as a surviving spouse in community alongside separate property under a legal representative's administration, so more than one article's description can fit the same case.
Does Article 2675 create a new procedure, or just choose among the existing ones?
It does not create a new procedure. It lets the plaintiff choose among the procedures Articles 2671 through 2674 already establish when a case satisfies more than one of them.