Relationships between co-owners and third parties. Responsibility for duties and covenant!

 

 

Rights of heirs: In hereditary succession the heirs acquire the rights that the heir had (except his personal). These are the rights that are passed on by inheritance. For the exercise of these rights heirs may claim:

- an action for the return of a hereditary property held by third parties;

- an action against the heirs of the deceased to pay the inheritance claim;

- an action for inheritance - this is an action of the heir against a third person who holds inheritance in his possession. challenging the applicant as the heir. It is invoked when there is a dispute over the origin of the claimant's successor when challenging an adoption or a universal will in favor of a particular person; when the question of denial is raised, the denial of the right of inheritance of the spouse due to termination of marriage.

Liability of heirs for inheritance debts and covenants:

By accepting the inheritance, the heirs acquire the asset and its liabilities (debtor's debts and obligations to execute the covenant). Each of the heirs is responsible according to the work he receives. Liability covers all the obligations of the deceased, other than those who are extinguished by his death.

The heirs of the right of substitution are responsible for the obligations of the person they are replacing (obligations to be followed). He is primarily responsible for all his property. Liability can be limited to the amount of the inheritance received only if it is accepted by inventory or to be relieved of responsibility for the obligations of the deceased entirely if they renounce an inheritance.

Distributable liabilities - distributed among the co-custodians in proportion to their inheritance shares, each of which may be required to pay the proportion of the debts corresponding to its share.

Indivisible duties - each of the co-heirs is responsible for all his performance. The accomplice is right in the way of regression, asking the others to pay him back.

A solidarity obligation - the deceased has co-operated with others. It is divided between the heirs so that each of them is jointly responsible with the co-debaters of the legator for the part of the debt, commensurate with his inheritance.

Obligations secured by a pledge or mortgage - the pledge or mortgage rests on the whole furnace or on all items placed in the stakes or mortgages, even if they are shared between the heirs.

Enforcement against the legator - if the deceased dies after having received the voluntary takeover but before any other enforcement action is taken, the enforcement agent must send the heirs a new voluntary service before continuing.

The legatees - are not responsible for the obligations of the deceased unless they are legalized by a mortgaged or mortgaged property.

Limitation of liability - when a legacy is found after the inheritance is received. The heir is not obliged to satisfy the covenants on it beyond the value of the inheritance, or if it violates its preserved part. He is responsible for the amount of heritage received.

The heir accepts the inheritance by inventory only responsible for the amount of inheritance received. As a rule, the heir to an inventory satisfies the creditors of the deceased and the legatees in the order in which they make their claims.

The covenant is only responsible for the amount of the covenant received. Where the remaining inheritable property is not sufficient to pay the inheritance obligation, the covenant is reduced.

Determination of property - by virtue of not the inheritance, the property of the deceased is mixed with that of the heir. The aim is to satisfy the inherited property of the creditors of the heirs and covenants before the creditors of the heir. Taken when the heir's liability is greater than his asset. The claim for separation may be brought against the heirs in 3m. period of acceptance of the inheritance. The term is preclusive.

Real estate entering the two properties is separated by an entry in the general order.

Movable items - by request to the RS, which is entered in the order of entry of the acceptance, is renounced by inheritance. The claim of one of the creditors is used by all the creditors of the estate.

By law, creditors and covenants want separation to be preferred to satisfaction before those who have not asked for it.

When the estate is separated from one of the heirs, the one who has not accepted the inventory heritage remains an unlimited liability for the obligations and covenants of the inheritance and his personal property. Creditors and covenants who did not want the separation may request the satisfaction of the receivables you are directly to the heir's personal property.