Wpływ przyjęcia spadku z dobrodziejstwem inwentarza na przebieg egzekucji sądowej

Abstract

In the case of acceptance of the inheritance bearing the benefit of inventory, an heir shall be liable for inherited debts only up to the value of the assets of the estate as established in the list of the inventory or the inventory. According to Article 319 of the Polish Civil Procedure Code, if a defendant is liable under specific assets or up to the value of such assets, the court may, without specifying the assets or value thereof, uphold an action and allow the defendant to rely on his limited liability in enforcement proceedings. The problem of limited liability of heirs who have accepted the inheritance with the favour of the inventory becomes current especially in the situation of the changed legal status introducing as the principle of inheritance with the favour of the inventory. The article draws attention to the meaning of such acceptance of the inheritance on the course of enforcement proceeding. It searches for a model of how to implement this law. There are two variants which may be formed as a restriction acting under the enforcement title and taken into account ex officio or, as a consequence of an enforceable title, but taken into account on the request or the claim of a debtor exercising that right. According to Article 837 of the Code, a debtor may refer to limited liability, if such limitation is stipulated in an enforcement title. The creditor is not obliged to show the amount that is enforceable by the enforceable limitation, but the debtor should demonstrate the grounds and scope of limited liability. The conclusions include the assessment of such legal status. The second problem raised in the article related to the limited liability of the heirs is the cost of inventory and the possibility of taking it from the inheritance. The analysis of the legislation indicates that the decision on what constituents of the estate may take place can only be made by a court and not by a bailiff.