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Fachwort
Deutschoverindebtedness Grundwort fehlt
Fachbebietfehlt Trennung: overindebtedness
Inhaltfehlt Status:
Worttyp fehlt
BGB 1980. 1 If the heir has obtained knowledge of the insolvency or overindebtedness of the estate , he must without undue delay apply for the institution of estate insolvency proceedings . If he infringes this duty , he is liable to the creditors for the damage resulting from this . In assessing the adequacy of the estate , the liabilities in the form of legacies and testamentary burdens are not taken into account .
BGB 1980. 2 Ignorance arising from negligence is equivalent to knowledge of insolvency or overindebtedness . It is deemed in particular to be negligence if the heir does not apply for public notice for the creditors of the estate although he has reason to assume that there are unknown obligations of the estate ; public notice is not necessary if the costs of the proceedings are disproportionately high in relation to the amount of the estate .
BGB 1992 If the overindebtedness of the estate results from legacies and testamentary burdens , the heir , even if the conditions of section 1990 are not satisfied , is entitled to effect the discharge of these liabilities under the provisions of sections 1990 and 1991. He may prevent the return of the objects of the estate still in existence by paying the value .