Are the obligations with the death of the debtor repaid?

Are the obligations with the death of the debtor repaid and is the law enforcement agent entitled to bring enforcement against the heirs?

 

"The writ of execution against the deceased may also be enforced on the property of his heirs unless they find that they have renounced the inheritance or have accepted it by way of inventory. When the heir did not accept the inheritance, the enforcement agent shall set the period of Art. 51 of the Inheritance Act, communicating the statement of the heir to the relevant district judge in order to be duly recorded ".

 

Once the enforcement action has been instituted against your deceased and his death, the bailiff sends you a voluntary solicitation order giving you a two-week period to opt for the estate or to offer a voluntary payment.

 

The denial of inheritance is ascertained by sending to you a copy of a certificate of inheritance in the special books of the court attached to a request for termination of the case to you.

 

If you accept the inheritance (it consists of both assets and liabilities, ie both rights and obligations), you and the other heirs (if any) are separately liable for the claim, ie . each for its part. According to Art. 5 of the Inheritance Act, "the children of the deceased inherit in equal parts".

 

If any of the heirs give up an inheritance or lose their right to inherit "the part of the denial or of the person who has lost the right to receive the inheritance, it increases the shares of the remaining heirs"

 

Is the bailiff entitled to reduce your enforcement obligation?

 

THERE IS NO. The bailiff carries out court decisions. Amounts collected in the enforcement proceedings are collected in favor of the petitioner and ordered by the court. According to Art. 2 of the Private Enforcement Agents Act "private enforcement agent is a person to whom the state assigns forcible execution of private claims. The State may also entrust the private enforcement agent with the collection of public claims. " The private enforcement agent is an official to whom the State has delegated the power to collect compulsive receivables that the court has awarded to private individuals or the state. The amounts that the enforcement agent collects on the enforcement case are due to the creditor and are transferred to him. Forensic executors DO NOT collect claims for themselves, NOT buy back debts.

 

Therefore, the bailiff is NOT entitled to reduce or simplify part of your performance obligation as the amount is due to the creditor.