Limited inheritance liability
The limited inheritance liability is a term from inheritance law . It is also known as estate restriction.
If, in the event of inheritance, it is uncertain whether the deceased was indebted or if the estate is over-indebted, there is, in addition to the disclaimer, the option of limiting the heirs' liability for estate liabilities to the existing estate by means of estate administration or estate insolvency ( § 1975 , § 1990 BGB ) . In this case, the creditors of the deceased have only the existing estate at their disposal for the repayment of his liabilities , the assets of the heir may not be accessed. For inheritance debts , liability can only be limited according to the statutory provisions if it is a matter of pure inheritance liabilities. Otherwise a separate agreement with the obligee is required.
The Austrian law of inheritance regulates in §§ 802 ff. ABGB the institute of the conditional declaration of inheritance, ie taking on the inheritance with reservation of the legal benefit of the inventory ( beneficium inventarii ). This leads to limited heir liability.
literature
- Gerhard Ruby, Die Erbenhaftung, Volume 9 of the publication series of the German Forum for Inheritance Law eV ( ISBN 3-933320-11-9 )
- Gunter Wesener , On inheritance liability from a historical perspective , in: Tradition and further development in law. Festschrift for the 90th birthday of Ulrich von Lübenow , ed. by Klaus Slapnicar. Berlin 1991. pp. 113-128.
