| Abstract [eng] |
Ensuring the Balance of the Rights of the Heir, Testator's, and Heir's Creditors in the Legal Relationship of Succession The master's thesis shall assess whether the Lithuanian national legislator, in establishing legal regulation in the field of inheritance law, and the courts administering justice in Lithuania maintain a balance between the scales held in the left hand of the goddess of justice, Themis, on different sides of which are the rights of the testator's creditors, the successor and the personal creditors of the successor himself. The thesis focuses on the property legal relations between the parties as regards the liability of the successor and its limits to the creditors of the testator and the successor himself. The thesis shall assess whether the unlimited liability of the successor does not violate the rights of the successor's creditors or whether, in all cases without exception, such liability protects the interests of the testator's creditors in whose favour it is established. In addition, in terms of ensuring balance of rights, it is examined whether the limited liability of the successor, as recognised at the present day, is clear and ensures a clear scope for satisfying the claims of the testator's creditors. The attention is also paid to the joint obligations to the testator's creditors resulting from the plurality of successors: it is assessed whether the joint and several liability of multiple successors does not confer on the testator's creditors more rights than they had against the testator himself and whether the same recognised joint and several liability in the case of limited liability of successors is, in general, compatible with the purpose and nature of the limited liability. At the same time, when assessing the property relations between the parties as an integral part of these relations, the regulation of the moment of starting the calculation of the term for filing a creditor's claim shall be analysed, as well as its appropriateness in terms of balancing of the rights. In the comparative aspect of the thesis, the regulation of foreign countries – France and Germany – is also presented on the relevant issues. The examples of foreign regulation presented are intended to illustrate issues of importance in terms of balance of rights that are not regulated or not properly regulated by the Lithuanian legislator. |
