Ablyatipova N.A., Volkova I.Yu. Actual Problems of Protecting the Rights of Heirs in Case of Abuse of the Right by Creditors
DOI: https://doi.org/10.15688/lc.jvolsu.2024.2.14
Natalia A. Ablyatipova, Candidate of Sciences (Jurisprudence), Honored Lawyer of the Republic of Crimea, Associate Professor, Department of Civil Law, Russian State University of Justice (Crimean branch), Pavlenko St, 5, 295006 Simferopol, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-4579-3871
Irina Yu. Volkova, Acting Head of the Department of Technical Support and Legal Work, Interregional Directorate for the Federal Antimonopoly Service for the Republic of Crimea and the City of Sevastopol, Alexandra Nevskogo St, 1, 295000 Simferopol, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0001-7962-1667
Introduction: the protection of the rights of heirs when they are sued by creditors of the testators long after the death of the borrower remains an urgent issue for modern science and practice. By virtue of the current civil legislation, the inheritance estate includes not only the property of the testator but also his debts. Some creditors, abusing their rights, intentionally do not go to court for a long time to increase the amount of debt. In order to avoid this, the Plenum of the Supreme Court of the Russian Federation has clarified that the claims of creditors who filed a claim for collecting interest on a loan agreement after a long time without valid reasons are not subject to satisfaction for the period from the date of the opening of the inheritance if the heirs did not know about the existence of the testator’s obligation. Despite this, there is no uniformity in judicial practice in this matter, which violates the rights of heirs who did not know about the debt. In this regard, the purpose of the study is to determine the circumstances that affect the recognition of the creditor’s actions as an abuse of the law and the satisfaction of claims or refusal to satisfy them. Results: the analysis of the materials of judicial practice is carried out, upon which the problems of violation of the rights of heirs in cases of abuse of the right by creditors of the testator are specified. Conclusions: based on the studied material, it is concluded that it is necessary to improve the mechanism for protecting the rights of heirs. According to the results of the study, the authors have proposed possible methods for solving the problems identified during the study.
Key words: hereditary legal relations, inheritance, debts, creditor, abuse of law, judicial protection.
Citation. Ablyatipova N.A., Volkova I.Yu. Actual Problems of Protecting the Rights of Heirs in Case of Abuse of the Right by Creditors. Legal Concept = Pravovaya paradigma, 2024, vol. 23, no. 2, pp. 109-115. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2024.2.14
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