Odpowiedzialność spadkobierców za długi spadkowe po dziale spadku. Uwagi de lege ferenda
- Issue date
Oficyna Wydawnicza AFM
Studia Prawnicze. Rozprawy i materiały 2007, nr 1, s. 377-393.
- prawo spadkowe; dług spadkowy; podział spadku; spadkobiercy; de lege ferenda
One of the legal effects of the partition of succession is a change in the heirs’ liability for the debts of succession from the joint and several liability into the liability related to the shares in the undivided property. Heirs’ liability for the debts of successions after the partition of succession has no relation with the value of the proprietary rights granted to heirs as a result of the partition of succession. What is more, Polish civil law does not stipulate any relation between the value of the proprietary rights granted to heirs as a result of the partition of succession and the value of the heirs’ share in the undivided property. As this may lead to the breach of interests of the creditors of the succession grantor and some other parties, an amendment to the Polish civil code is required. This amendment should consist in the introduction to the Polish legal system heirs’ liability for the debts of succession related to the value of the proprietary rights granted to heirs as a result of the partition of succession.
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