REFUSAL OF INHERITANCE AS A FORM OF ABUSE OF RIGHT

The article considers the issues of the abuse of right when considering the good faith of refusal of inheritance. Any action of a citizen that entails the acceptance of an inheritance by other persons is often qualified as dishonest behavior. Abuse of law is also often applied by the courts as a basis for recognizing the refusal of inheritance as an invalid transaction. Refusal of inheritance, by its legal nature, is a one-sided transaction, and therefore cannot be contested, for example, under bankruptcy law, since it does not provide for the automatic transfer of ownership to another person. Inheritance in general should take precedence over debt obligations, even in relation to bankruptcy creditors. The opening of an inheritance is an unplanned event that is not counted on when opening bankruptcy proceedings. If there is dishonest intent, for example, a potential testator can always, with the help of a will, preemptively exclude a debt-ridden heir by law from inheriting. Refusal of inheritance should be recognized as abuse only if there are clear signs of dishonesty, for example, when the debtor continues to use the property or gives orders to the heirs about it. At the moment, especially when considering refusal of inheritance in bankruptcy, the presumption of bad faith of the heir dominates, which is not correct. Failure to accept an inheritance, which, as an omission, is not a transaction on general grounds, is also considered invalid in bankruptcy proceedings, which is an incorrect interpretation of the law. Unfair omission is an abuse of right.