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
Related Articles
- EP ID EP303583
- DOI -
- Views 101
- Downloads 0
THE MEANING OF NATIONAL COURT IN ARTICLE 267 TFEU AND THE IMPORTANCE OF THE COURT’S INDEPENDENCE
The notion of “court or tribunal of a Member State” in Article 267 of the Treaty on the Functioning of the European Union has been given an autonomous meaning by the Court of Justice of the European Union (CJEU), resulti...
THE LEGISLATION OF THE ROMANIAN PUBLIC ADMINISTRATION IN TODAY'S EUROPEAN CONTEXT
In order to be able to adapt to the requirements of the current socio-economic and political context in which Romania is today, the public administration must strive for its efforts, perhaps more than ever, in the sense...
PARTICULARITIES OF CIVIL ACTION IN THE CASE OF FRAUD BY BANK CREDIT CONTRACTS
The crime of fraud is one of the most important threats facing the contemporary Romanian society. One of the most common ways of fraud is fraud through credit agreements. Of course, as in any criminal proceedings, in thi...
CULTURAL TOURISM IN CENTRAL REGION OF ROMANIA
Romania has a multitude of natural and cultural attractions, with five of the European biogeographical regions and seven sites included in the UNESCO heritage, but it does not sufficiently exploit its touristic potential...
PATRIMONIAL LIABILITY OF FORESTRY PERSONNEL IN LIGHT OF EMERGENCY ORDINANCE NO. 59/2000 REGARDING THE STATUS OF THE FORESTRY PERSONNEL AND THE JUDICIAL PRACTICE IN THE MATTER
The present article aims at carrying out a brief analysis of the patrimonial liability of the forestry personnel, regarding the payment of the value of illegally cut shrubs from the forest fund under their guard, taking...