Egzekucja sądowa ze spadku

Pursuant to Art. 779 § 1 of the Civil Procedure Code, enforcement against the estate requires, until the division of the inheritance, an enforceable title against all heirs. However, pursuant to Art. 779 § 2 of the Civil Procedure Code, if the enforceable title was issued against the deceased, the transfer of obligations to the heirs shall take place in accordance with Art. 788 of the Civil Procedure Code, i.e. with an annotation of the transfer of obligations. The purpose of Art. 779 § 1 of the Civil Procedure Code is to protect the interest of heirs during the accurate division of the estate. Until the division, enforcement from objects and rights coming within the estate is possible solely on the basis of an enforceable title issued against all heirs. Thus a creditor of one of heirs may not initiate any enforcement from the estate prior to the division. Keywords: enforcement from the estate, debts under the succession, division of the estate