Inheritance purchase

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An inheritance purchase is a purchase contract for an inheritance that has accrued . It is a mutual contract to which the general purchase and service disruption law (§ § 433 ff. BGB ) applies in German private law . However, the regulations are modified by the inheritance law provisions of § § 2371 ff. BGB.

An inheritance purchase is only possible after the inheritance . If a contract on an inheritance was concluded before an inheritance, this is void according to § 311b (4) BGB. However, contracts between future legal heirs about their legal inheritance or the compulsory portion of one of them, Section 311b (5) BGB, are possible. Such a contract, however, requires notarial certification .

After § 2371 which requires commitment business notarization. This is intended to protect the seller from being too hasty, to ensure sound advice and to lay down the conclusion and content of the contract in the interest of clarification (evidence function) and to facilitate the verification.

The inheritance contract is fulfilled by the transfer of the individual inheritance objects. If the seller is not the sole heir, fulfillment can be carried out by concluding an inheritance transfer agreement in accordance with Section 2033 (1) BGB. By transferring the inheritance, the acquirer does not become an heir. The subject of the inheritance purchase is not the inheritance right of the heir, as this arises from family relationships or dispositions of death and is not transferable. Thus, the seller remains the heir even after the fulfillment.

According to § 2376 BGB, the heir is not liable for material defects in the inheritance. With regard to legal defects, he is only liable for the verity but not for the creditworthiness .

According to § 2380 BGB, the buyer bears the risk of accidental loss and accidental deterioration of the inheritance from the conclusion of the purchase. From this point on, the uses are due to him and he bears the burden. This is a forward shift of the transfer of risk, which otherwise represents the transfer according to § 446 BGB in general sales law .

According to § 2382, the buyer is liable to the creditors of the estate from the conclusion of the purchase, without prejudice to the continued liability of the seller. The seller and buyer are therefore jointly and severally liable. However, according to § 2378 BGB , the seller can hold himself harmless from the buyer.

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