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

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