The Position of Beneficial Acceptance Heirs In the Settlement of Debtors' Unfulfilled Prestatie

DOI

10.2991/iclgg-17.2018.29How to use a DOI?

Keywords

Beneficial Acceptance, prestatie, protection for creditors, inheritance

Abstract

Burgerlijk Wetboek's inheritance law grants heirs with the right to determine their position with regards to their in-heritance, namely those of absolute acceptance, rejection, or acceptance with reservation (beneficiare aanvaarding or beneficial acceptance). Problems arise when heirs choose the position of beneficiare aanvaarding, while their testators still have prestatie that need to be fulfilled to the creditors. In principle, a testator’s prestatie will be imposed upon their heirs. Therefore, legal certainty is re-quired on the position of a beneficiare aanvaarding in the fulfillment of prestatie related to the defaulting party(debtor)’s heirs, as is legal protection for creditors. The methods used in this research consist of a statutory approach, conceptual approach and case-based approach. The resulting conclusion is aimed towards finding a legal construction and legal method to solve the legal problem between creditors and ex debtors (the heirs), so that in the future, no prolonged disputes will occur.

Copyright

© 2018, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Oemar Moechthar
AU  - Regine Wiranata
PY  - 2017/11
DA  - 2017/11
TI  - The Position of Beneficial Acceptance Heirs In the Settlement of Debtors' Unfulfilled Prestatie
BT  - Proceedings of the International Conference on Law, Governance and Globalization 2017 (ICLGG 2017)
PB  - Atlantis Press
SP  - 206
EP  - 211
SN  - 2352-5398
UR  - https://doi.org/10.2991/iclgg-17.2018.29
DO  - 10.2991/iclgg-17.2018.29
ID  - Moechthar2017/11
ER  -