Art. 3198.Compromise and Modification of Obligations

Litigation and debt do not pause just because a party dies. Claims the succession could pursue, or claims brought against it, may be worth settling rather than fighting to judgment, and obligations the succession owes or is owed may need adjusting, a debt renewed, a payment schedule extended. Article 3198 gives the representative authority to handle both.

The representative may compromise an action or right of action by or against the succession, resolving a dispute short of full litigation, and may extend, renew, or otherwise modify the terms of any obligation owed by or to the succession. Together, these powers let administration respond to the succession's actual circumstances rather than proceeding rigidly through every claim to its formal conclusion.

Neither power is unchecked. Article 3198 closes by requiring court approval before either kind of action, granted only after the notice procedure Article 3229 prescribes, published notice giving interested parties an opportunity to oppose before the court authorizes the compromise or modification. That oversight matches the significance of the decision: settling a claim or altering an obligation's terms can affect what heirs and legatees ultimately receive, so the court and interested parties get a chance to weigh in first.