Inheritance owner
In German inheritance law according to § 2018 BGB, an inheritance owner is a natural person who unlawfully takes possession of an estate , part of an estate or an object or right obtained from the estate, assuming his own right of inheritance . For example, the disinherited brother B of testator E (who has appointed his four children F, G, H and J and his sister S to be heirs in equal parts) is the owner of the estate if he assumes a right of inheritance and as a result of this presumption in the possession of the Inheritance or inheritance items.
The inheritance owner is also the co-heir who unlawfully assumes a sole inheritance right, and the previous heir who unlawfully assumes a full inheritance right.
No inheritance owners within the meaning of § 2018 BGB, even if the inheritance factually and legally within the meaning of § 854 have ff. BGB, executor , administrator of the estate , insolvency administrator , executor and similar appointed administrator or legal representative. Also not inheritance owners are people who, without assuming a right of inheritance , bring property (whether authorized or unauthorized) into their possession. In the above example, the robber R, who robbed the house belonging to the estate, would be the owner (more precisely: direct unauthorized owner ) of the booty, but not an inheritance owner , as he is not famous for any inheritance rights.
If someone is an inheritance owner within the meaning of §§ 2018 ff. BGB, the heirs have a (otherwise alien to the BGB) overall claim to surrender of the inheritance. The regulations following § 2018 BGB regulate, in great similarity to the owner-owner relationship , further claims of both the heirs and the inheritance owner .
Individual evidence
- ↑ Claus-Henrik Horn: § 2018 , Rn. 5. In: Walter Erman (Ed.): BGB . 15th edition. Dr. Otto Schmidt, Cologne 2017, ISBN 978-3-504-47103-3 .
- ↑ Claus-Henrik Horn: § 2018 , Rn. 1. In: Walter Erman (Ed.): BGB . 15th edition. Dr. Otto Schmidt, Cologne 2017, ISBN 978-3-504-47103-3 .
- ↑ Dirk Olzen, Dirk Looschelders: Inheritance law . 5th edition. De Gruyter, Berlin 2017, ISBN 978-3-11-048665-0 , Rn. 846.
