Dalszy zapis

Abstrakt

In a subsequent bequest obligation, the creditor can be: 1) the subsequent legatee, 2) his heirs, 3) the cessionary. However, the creditor’s heirs shall inherit the liability only if the subsequent legatee died later than the testator in whose testament the subsequent bequest was established. If this condition is not fulfi lled, the claim shall pass onto the substitute subsequent legatee, and if there is no substitution – onto the other subsequent legatees, on condition that the testament provides for several subsequent bequests. The subsequent legatee may also bequeath his liability to a particular person. The person liable to execute the subsequent bequest is the legatee, unless the debt has been taken over or the obligation has passed onto the heir in accordance with the law (Art. 973 of the Civil Code). The transfer of the bequest liabilities does not release the heir from the debt, unless the cessionary has taken it over. The subsequent bequest becomes due and payable only when the debtor is called upon to complete the performance. The appeal, however, shall not be eff ective unless the debtor receives the benefi t due to him from the inheritance. Should, in place of the original performance, a substitute performance specifi ed in Art. 974 of the Civil Code be completed, the subsequent bequest liability shall expire and none of the parties shall be liable to claim reimbursement of the balance, even if the value of the substitute performance diff ered from the value of the original performance. If there are several debtors obliged to execute the subsequent bequest, the kind of performance (divisible or indivisible) determines whether their responsibility is divisible or joint and several.