THE RIGHTS OF THE PERSONAL CREDITORS OF THE HEIRS IN THE INHERITANCE DIVISION
Journal Title: Challenges of the knowledge society ( Provocari ale societatii cunoasterii ) - Year 2018, Vol 10, Issue 12
Abstract
As opposed to the situation of an asset that is in co-owner-ship, in the case of an inheritance the fraud of the personal creditors of an heir may occur more easily. That’s why article 1156 of the Romanian Civil code regulates the rights of the personal (unsecured) creditors of the heirs regarding the inheritance partition. The personal creditors of the heirs may request the partition of the inheritance on behalf of their debtor when the debtor, in the prejudice of the creditor, refuses or neglects to demand the partition. They may claim to be present at the voluntary partition or may intervene in the judicial partition in order to supervise that the partition is carried out correctly in accordance with the legal provisions. Also, creditors can request even the revocation of the partition either without being obliged to prove the fraud of the co-owners, when they requested to be present but the partition was done in their absence, either under the conditions of general law, situation in which the fraud of the heirs is no longer presumed, but they will have to prove it. For a better understanding of their rights in the inheritance partition, this short overview presents, on the one hand, the means available to creditors to avert a possible fraud, and, on the other hand, how can they remove a fraud committed by the debtor against their interests within the inheritance partition.
Authors and Affiliations
Silviu-Dorin ŞCHIOPU
Keywords
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