| Abstract [eng] |
Heir’s responsibility for debts of the succession is in Lithuania one of the most problematical sphere of the inheritance law. It takes still not enough notice of this law’s institute. It lacks literature, which is approachable for any member of the society, who comes across negative effects of inheritance or who wants escape them. Many people think, that when they accept a succession, they accept just assets. But situation is different – they are obliged to pay the debts of the succession too, because Lithuania like and other in this work analyzed continental law countries, recognizes unlimited heir’s responsibility, which can be limit to the extent of the value of the property of the succession. The people know little about the possibility to limit their responsibility for the devisor’s debts when they make an inventory. It’s not good, because a law’s measure like this was brought in our Civil Code in 2001. It passed eight jears, but today we still don’t have exhaustive works on this theme. This method of the succession acceptance still lacks of consideration of the law scientists and practitioners. We don’t have laws, which detail content of the inventory and explain where the inventory may be consulted by persons concerned too. The legislator must do something not just in this law’s sphere. He must take more notice of the acceptance of succession, when the heir takes possession in fact of the property of the succession too. The possession in fact of the property of the succession is the most problematical method of the succession acceptance. Today the heir, who accepts the succession in this method, has a period of three months for the renunciation of succession from the death of the testator, when he, for example, finds out that debts of the deceased are greater than his assets. It must be the same regulation in this law’s sphere and it needs to determine, that when the heir accepts the succession in any method, which is recognized in Lithuania, such his act must be don’t recall and final. That can help to escape the violation of interests of the creditors and coheirs and waste of the deceased’s property. |
