Inheritance debt
The inheritance debts or debts of the estate are the liabilities that a legal or testamentary inheritance has entered into after the inheritance for the purpose of administering the estate , for example attorney fees that are incurred for an inheritance dispute ( Section 2042 BGB) brought by the heir . It is characteristic that inheritance debts arise after the inheritance from legal acts of the heir and generally lead to personal debts for which the heir is liable out of his own assets like any other debtor.
Demarcation
Estate debts can belong to the estate liabilities within the meaning of § 1967 BGB.
Pure estate liabilities are the Erblasserschulden that were founded in the time of the inheritance already in the person of the deceased and of his "arising" (§ 1967 para. 2 Case 1 BGB) and the inheritance debts that meet the heirs as such and on the occasion of the succession arise (in particular compulsory portion rights (§§ 2303 ff. BGB), legacies (§ 2174 BGB) and conditions (§ 1940 BGB), § 1967 para. 2 case 2 BGB).
The estate and the personal assets of the heir are jointly and severally liable for the inheritance debts , since the heir himself entered into the liability, but this was caused by the inheritance. Only insofar as the liability can be qualified as a pure estate liability, the heir can limit his liability to the estate creditors to the estate , for example by opening the estate insolvency proceedings ( § 1980 BGB), a reservation in the judgment according to 780 ZPO or an objection to foreclosure according to § 781 ZPO. In the case of inheritance debts, however, a limitation of liability is only possible by agreement with the obligee.
literature
- Norbert Joachim: The heir's liability for inheritance liabilities. Liability situation - disclaimer - limitation of liability - estate owner - procedural enforcement. Erich Schmidt Verlag , Berlin 2006. Table of contents online
Web links
- Ernst Sarres: This is the right way to go about 1 August 2007 with estate liabilities when advising and in the process
Individual evidence
- ↑ KG , decision of December 4, 2014 - 25 W 25/14, NJW-Spezial 2015, p. 456
- ↑ BGH, judgment of January 31, 1990 - Az .: IV ZR 326/88 Rz. 12
- ^ LG Bamberg, judgment of April 5, 2011 - Az. 1 S 40/10 WEG, 1 S 40/10 margin no. 29
- ↑ BGH, judgment January 23, 2013 - VIII ZR 68/1 ( Memento of March 1, 2016 in the Internet Archive )
- ^ LG Düsseldorf, judgment of February 29, 2012 - Az. 25 S 139/11 U , Rz. 86
- ^ OVG North Rhine-Westphalia, decision of February 27, 2001 - Az. 9 B 157/01 margin no. 9
