ПРАВОВЕ РЕГУЛЮВАННЯ ВІДПОВІДАЛЬНОСТІ СПАДКОЄМЦІВ ЗА БОРГАМИ СПАДКОДАВЦЯ ЗА ЗАКОНОДАВСТВОМ УКРАЇНИ ТА ІНОЗЕМНИХ ДЕРЖАВ

Abstract

The article examines the issue of legal regulation of liability of heirs for the debts of the testator under the laws of Ukraine and foreign countries. Attention is drawn to the different approaches in the states, both to the types of liability of heirs for the debts of the testator, and to the procedure for securing the claims of the testator creditors. Based on the mechanisms for filing and satisfying creditors' claims provided by the legislation of the states, it is proposed to distinguish three groups of states: states whose legislation provides for the possibility of repaying creditors' claims only after acceptance by the heirs of the inheritance by filing claims against the heirs within the time limits prescribed by law, but within the value of the inherited property; states whose legislation provides for the possibility of repaying creditors' claims to the acceptance and distribution of inheritance among the heirs; States whose legislation provides for the possibility of repaying creditors'
claims both before the distribution of the inheritance between the heirs at the expense of all inherited property and after such distribution between the heirs within the inherited property received by the heir from the inheritance. The article focuses on the need to classify the liability of heirs, depending on the type of obligations that may be imposed on them in connection with their acceptance of the inheritance into the following types: liability of heirs in connection with the acceptance of inheritance under the obligations of creditors; liability of the heirs in connection with the acceptance of the inheritance for property damage (loss), moral damage caused by the testator during his lifetime; liability of heirs in connection with the acceptance of the inheritance before the waiver; liability of the heirs in connection with the acceptance of the inheritance under the obligations related to the reimbursement of expenses for the protection of inherited property; the responsibility of the heirs in connection with the acceptance of the inheritance under the obligations associated with the performance of certain actions or compliance with the conditions imposed on the heir by the testator; liability of the heirs in connection with the acceptance of the inheritance under the obligations related to the reimbursement of expenses for the maintenance, care, treatment and burial of the testator. After analyzing the legislation of foreign countries, it is proposed to identify the following types of costs that may be borne by the heirs: costs incurred by the heirs in connection with the debts of the testator; costs associated with the inheritance process; costs associated with the maintenance of inherited property and outstanding debts on such property; costs associated with the maintenance, care, treatment of the testator during his lifetime and the commission of actions for the burial of the testator.