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VYBRANÉ OTÁZKY ZODPOVEDNOSTI DEDIČOV ZA DLHY PORUČITEĽA

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Števček M., Dufalová L., Križan M.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2024
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vol. 107
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issue 2
140 – 151
EN
Regulation of inheritance law in the Slovak legal system is brief and is not subject to frequent legislative changes. Despite the consistency of the legal regulation, in legal practice there are questions and problems that jurisprudence either does not solve or solves only marginally. It regards questions of responsibility of the heirs for the debts of the testator, where the conflicting interests of the testator‘s creditors and the testator‘s heirs naturally exist. The article is devoted to selected issues of the heirs responsibility for the testator‘s debts, which occur in legal practice. Heirs in inheritance proceedings, in order to reduce their responsibility for the debts of the testator, state that their responsibility is limited to the amount of the net value of the inheritance, or combine this objection with the claim that they are only responsible for the debts listed in the inheritance decision. In legal practice, even if rarely, it is also possible to meet with the agreement of the heirs, according to which one of the heirs acquires only the property of the testator and the other only the debts of the testator. By the methods of scientific research, we present conclusions to the questions above, which will benefit both legal science and legal practice.
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