Some Considerations regarding the Recovery of a Debt by the unsecured Creditor of an Heir
Some Considerations regarding the Recovery of a Debt by the unsecured Creditor of an Heir
Author(s): Silviu Dorin ŞchiopuSubject(s): Social Sciences, Law, Constitution, Jurisprudence
Published by: Editura Universitatii Transilvania din Brasov
Keywords: succession; inheritance; unsecured creditor; heir; oblique action; National Notary Registry of Successions
Summary/Abstract: Nowadays, the article 1107 of the New Civil Code regulates the acceptance of an inheritance by the heir’s creditors. For a better understanding of the difficulties that the heir’s unsecured creditor faces in enforcing his rights, this short overview attempts, on the one hand, to highlight certain aspects of the present-day configuration of the unsecured creditor’s legal position, and, on the other hand, to examine the special case of the heir’s unsecured creditor and some of the obstacles that he faces in order to recover the debt in an effective way.
Journal: Bulletin of the Transilvania University of Braşov, Series VII: Social Sciences and Law
- Issue Year: 9/2016
- Issue No: 2
- Page Range: 183-188
- Page Count: 6
- Language: English