VYBRANÉ OTÁZKY ZODPOVEDNOSTI DEDIČOV ZA DLHY PORUČITEĽA

• Authors: Števček Marek , Dufalová Lenka , Križan Martin

Title variants

EN

Selected issues of the heirs liability for the testator‘s debts

• Languages of publication: SK

Abstracts

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.

Keywords

EN

INHERITANCE; LIABILITY; DEBTS; HEIRS AGREEMENT

• Publisher: Institute of State and Law of the Slovak Academy of Sciences
• Journal: Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
• Year: 2024
• Volume: 107
• Issue: 2
• Pages: 140 – 151

Contributors

author

Števček Marek

• Právnická fakulta UK v Bratislave, Slovak Republic

• https://orcid.org/0000-0002-8154-2375

author

Dufalová Lenka

• https://orcid.org/0000-0001-5930-4074

author

Križan Martin

Identifiers

DOI

https://doi.org/10.31577/pravnyobzor.2024.2.04