LIMITED LIABILITY OF THE SUCCESSOR WHICH HAS ACCEPTED THE INHERITANCE UNDER THE BENEFIT OF INVENTORY

Author

Vasil Petrov

Annotation

According to art. 60, ал. 2 of Bulgarian Inheritance Law a successor which has accepted the inheritance under the benefit of inventory is liable only to the amount of the inheritance thus accepted. In the article are analyzed two different theories about the meaning of this legal provision – the first according to which the liability is limited only to the pecuniary amount of the active side of the inheritance (pro viribus hereditatis), and the second according to which the liability is only with the inheritance itself (cum viribus hereditatis). The author gives arguments in favor of the second theory.

Keywords

inheritance, acceptance of an inheritance under the benefit of inventory, limited liability, pro viribus hereditatis, cum viribus hereditatis

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