Art. 3224.1.Continuation of Corporation Or Partnership In Which Decedent Held a Majority Interest

Article 3224 lets a representative continue a business the decedent owned; Article 3224.1 adds protection specific to one form that business can take, a corporation or partnership in which the succession holds a majority interest. Because the entity, not the succession directly, holds title to its real property, transactions involving that property can otherwise happen without the same heir-and-legatee notice that would apply to succession property held outright.

Paragraph A closes that gap. Before alienating, encumbering, or disposing of any real property belonging to the corporation or partnership, the representative has to give notice the same way Articles 3272 and 3282 require for sales of succession property directly, by certified mail to the heirs' and legatees' last known addresses. Those heirs and legatees can waive the notice if they choose, but absent a waiver, the representative cannot avoid them just because the property sits inside a business entity rather than the succession itself.

Paragraph B gives heirs and legatees a further tool. On a motion by an heir or legatee, after a contradictory hearing, the court can go beyond notice and require the representative to obtain court approval before alienating, encumbering, or disposing of the entity's real property, the same kind of oversight Article 3229 provides for succession property generally, extended here to property held through a majority-owned business.