Monitor Prawniczy

no. 19/2017

Partition of the estate vs liability of the heirs for testator’s debts

Patrycja Tomala
Autorka jest notariuszem, prowadzi kancelarię notarialną w Warszawie.
Abstract

The article concerns the issue of liability for debts under the succession borne by joint heirs and changes in the nature of their liability depending on the circumstances which are affected by the lapse of time and acts performed by joint heirs themselves. An important issue arousing doubts of the authors and inspiring him to write the article was the problem of possibly different understanding of regulations concerning the method of calculating the amount up to which heirs are liable for estate debts depending on how the content of Art. 1034 § 2 of the Civil Code is construed.