ZASADY ODPOWIEDZIALNOŚCI SPADKOBIERCÓW ZA DŁUGI SPADKOWE W PRAWIE RZYMSKIM
THE PRINCIPLES OF LIABILITY FOR INHERITED DEBTS IN THE ROMAN LAW

Summary/Abstract: In the Roman law acquisition of inheritance by an appointed heir was linked with the liability for inherited debts. In accordance with the adopted rules the heir, being a universal successor of the testator, was accountable for inherited debts, even if those exceeded the assets of the bequeathed estate, and his liability extended to his entire (combined) property because inheritance acquisition resulted in a fusion of the testator’s and inheritor’s property. Following the acquisition of inheritance every debt of the testator became the successor’s own debt and his related liability extended to his entire property. Therefore, in order to avoid excessive liability for inherited debts extraneous heirs (heredes extranei) refused to accept the inheritance by failing to lodge a declaration of its acquisition. With regard to the necessary heirs (heredes necessarii), who acquired legacy ipso iure, in order to protect them against the negative material effects of succession the Roman law adopted certain beneficial rules aimed at limiting their liability for inherited debts. On the other hand legal measures of general nature which limited heirs’ liability for inherited debts included privileges (beneficium) of inheritance. These were applicable to all persons who found themselves in a specific legal situation defined by a given privilege and at the same time constituting a certain beneficial exception to applying generally binding legal norms regulating principles of liability for one’s own obligations.

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