Глава 3.18. Особливості розгляду судами цивільних справ за позовами кредиторів спадкодавця та примусове виконання судових рішень у таких справах
Анотація
The chapter is focused on identifying specific features of hearing civil cases by court, which are based on the claims of the ancestor’s creditors, taking into account the provisions of the legislation, legal doctrine and case-law. The author has substantiated that the ancestor’s creditor has the legal opportunity to apply both a special method of protection, which consists in applying a claim to property that was transferred to the lawful heirs in kind, and general methods of protecting civil rights and interests by the court enshrined in the Art. 16 of the Civil Code of Ukraine. This understanding of the protection of this subject’s rights does not violate the fair balance between the legitimate interests and legitimate expectations of the creditor and counter interests of the lawful heirs. It has been emphasized that foreclosure on inherited property is not always an effective method of protection, and its expediency primarily depends on the elements of the succession. The creditor’s rights are subject to judicial protection only if certain conditions are met, such as the creditor’s submission of a written demand to the lawful heir on the ancestor debts’acquittal; compliance with the deadlines for submitting such a demand; acceptance of the inheritance by the lawful heir in the manner and terms determined by civil legislation; non-fulfillment by the lawful heir of the duty to satisfy the creditor’s requirements by means of one-off charge.
It has been clarified that if there are several lawful heirs, their duty to the ancestor’s creditor is partial, but not joint one. Considering the duty of the lawful heir to satisfy the demands of the ancestor’s creditor only within the value of the inherited property, its value must be established while resolving relevant disputes.
The specifics of enforced execution of court judgments in cases based on the claims of the ancestor’s creditors have been clarified at the level of a paragraph. Such judgments belong to decisions on judgments that can be executed beyond the boundaries of inheritance legal relations. The legal consequences of the debtor’s death during the execution of the court judgment have been analyzed.
Цивільний та виконавчий процес: міжгалузеві зв’язки. Особливості розгляду судами певних категорій справ та виконання судових рішень. Монографія
