The Supreme Court in its judgment of 13 April 2018 (file reference number I CSK 381/17) stated that the obligation to pay a receipt for receiving a donation is not only gifted but also his heir if he died before the donor.
This is an interpretation that goes beyond the literal understanding of the preservation provisions in which only the recipients who are given to pay the price are saved, not their heirs. In the meaning of the Supreme Court: „Once the donation was made on the side of the recipient, there was a germ of a potential future obligation to pay the amount due to the preservation of the estate, which was one of the elements of the recipient’s legitimate situation and would come to fruition if he lived to open the inheritance. the beneficiary, this situation, including the potential obligation connected with it, was entered by the defendants as heirs. A different solution would be justified only if it were assumed that the obligation to cover the recipient’s charge is closely related to the person, however, as mentioned above no convincing arguments speak. Successor recipient can not at the same time rely on the fact that they had received free from the burden of decline, due to the general rules of inheritance as a universal succession. however, they may limit their liability by adopting a decline of benefactors inventory (Article 1012 of the Civil Code). ”
The legitime is paid also by the heirs of the recipients.
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