DEATH OF THE DEBTOR – ASPECTS OF MATERIAL LAW IN THE ENFORCEMENT PROCEDURE
DEATH OF THE DEBTOR – ASPECTS OF MATERIAL LAW IN THE ENFORCEMENT PROCEDURE

Summary/Abstract: This study aims to highlight the impact of the substantive legal rules that must be observed in enforcement proceedings initiated or continued after the death of the debtor. The theoretical and practical difficulties generated by the procedural-civil norms in the matter of the forced execution of the obligations after the death of the debtor have often overshadowed the imperative substantially civil norms that regulate the way of covering the succession liability. At the time of the debtor's death, the legal link between him and the creditor passes over his successors, and this link is suitable to be released by payment made voluntarily or by way of enforcement.

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