Inheritance - legal advice
Record and command
What is the record?
The testator may, by means of a testamentary disposition, oblige a statutory or testamentary heir to meet a specific financial benefit for a designated person (ordinary legacy). The testator may also order the legatee (further record). Normal entry may be made subject to or subject to a time limit. In the absence of a different will of the testator, the ordinary entry of an item marked as to identity shall be ineffective if the item entered does not belong to the inheritance at the time of its opening or if the testator was obliged to sell this item at the time of his death.
Who is responsible for the normal record? How can a legatee request a regular entry?
In the absence of a different will by the testator, the legatee may request the execution of an ordinary entry as soon as the will is announced. However, the legatee with a further ordinary legacy may refrain from performing it until the legatee's legacy of the legacy. If the inheritance falls to several heirs, the ordinary legacy charges them relative to the size of their inheritance shares, unless the testator decides otherwise. The legatee burdened with the obligation to perform a further ordinary legacy may also be released from this obligation in such a way that he will transfer the rights received under the ordinary legacy or transfer a claim for its execution free of charge to a further legatee.
If the subject of the ordinary record is an item marked as to identity, the legatee's claims for remuneration for the use of things, for the return of benefits or for the payment of their value, as well as for claims encumbered by the ordinary entry for the refund of expenditure for the benefit of the provisions on claims between the owner and the owner of things. If the subject of an ordinary entry is an item marked as to identity, the recipient burdened with the entry shall be liable to the legatee for defects of things as a donor. If the subject of the ordinary record are items marked only as to the species, the laden person should provide items of medium quality, taking into account the needs of the legatee. If the subject of the ordinary entry are items marked only as to the species, the liability charged to the legatee for physical and legal defects of the item shall apply mutatis mutandis to the warranty on sales. However, the legatee may demand from the ordinary entry only compensation for improper performance of the ordinary entry or delivery of defective items of the same type of goods free from defects and compensation for damage resulting from the delay.
When can the legatee demand that the subscription be made?
In the absence of a different will by the testator, the legatee may request the execution of an ordinary entry as soon as the will is announced. However, a legatee with a further ordinary record may refrain from performing it until the legatee performs the legacy. The ordinary subscription claim expires after five years from the due date.
What is the command?
The testator may, in his will, impose the obligation on the heir or legatee to carry out the act or omission without making a creditor (order).
Who can request the execution of a command?
Compliance with the order may be demanded by any of the heirs, as well as the executor of the will, unless the order is solely for the benefit of the debtor. If the order has a public interest in mind, the competent state authority may also request the execution of the order.