Inheritance - legal advice

Inheritance law

ATTENTION! automatic translation from Polish

Debt collection

 What is a debt recovery record?

The debt collection institution allows the testator to enter into a will drawn up in the form of a notarial order, pursuant to which a specific person acquires the subject of the entry upon opening the inheritance. Thanks to this regulation, the legacy of the legatee is much better - his rights to a specific thing result not only from an existing obligation, but from a legal relationship effective for all.

However, the use of this option is subject to certain restrictions resulting from specific provisions:

  1. the subject of debt recovery can only be an item marked as to identity, transferable property right, enterprise or farm, as well as the establishment of easement or usufruct to the legatee and all rights and obligations of a partner in a partnership.
  2. stipulation of a condition or deadline for a vindication record is ineffective, unless the content of the will shows that without such a provision, the record would not be made - in such a situation the vindication record is invalid, although you can try to interpret it as an ordinary record
  3. the debt recovery record is not valid if, at the time of opening the estate, the subject of the entry does not belong to the testator or the testator is obliged to sell it

 What is the difference between an ordinary entry and a debt recovery entry?

The basic and most important difference between the two types of civil law proposed by the Civil Code concerns one of the elementary aspects of civil law, namely the difference between claims under property law and those arising from the law of obligations. As mentioned, the situation of the legatee in the debt recovery record is definitely better than in the case of ordinary record. At the time of opening the inheritance, the legatee of the vindication record acquires ownership of the item. From that moment, he becomes the beneficiary of the widest protection from the point of view of civil law - and therefore of the rightful property right. His rights are effective erga omnes, and therefore against all those who could violate them, and not only against the laden. The use of the debt recovery clause somewhat shortens the legal path that an item must travel to enter the assets of the legatee - it is contained therein by law, and not only as a result of the act of transferring ownership by the debtor.

In connection with such a fundamental strengthening of the position of the legatee, the legislator considered it appropriate to introduce stronger fortifications regarding the debt recovery record than those concerning the ordinary entry. The most important of them concerns the subject of the record - it can only be something marked as to identity (as well as sets of things or certain rights). Debt collection may not be subject to any reservation or time limit, which is closely related to the fact that its subject may be real estate.

However, it should still be borne in mind that both forms of registration are very similar institutions. Ultimately, this state of affairs is emphasized by Art. 9816 of the Civil Code, pursuant to which, in matters concerning debt recovery not regulated in the chapter concerning it, the provisions on ordinary entry shall apply accordingly.