Some Considerations regarding the Recovery of a Debt by the unsecured Creditor of an Heir

Abstract

Nowadays, article 1107 of the New Civil Code regulates the acceptance of inheritance by the heir’s creditors. For a better understanding of the difficulties that the heir’s unsecured creditor faces in enforcing his rights, this short overview attempts, on the one hand, to highlight certain aspects of the present-day configuration of the unsecured creditor’s legal position, and, on the other hand, to examine the special case of the heir’s unsecured creditor and some of the obstacles that he faces in order to recover the debt in an effective way.