Remainderman
Heir is one who is appointed under provision by reason of death after another, the provisional heir to the heirs (§ § 2100 et seq ).
The heir receives the inheritance only with the event to which the reversionary is linked ( Nacherbfall ), such as the remarriage or death of the provisional heir. Previously, he has a heritable and transferable contingent rights, unless the testator has otherwise. The right of the heirs to this legacy is through restrictions on the right of disposal of the provisional heir on certain estate objects (such as rights to land through land register Nacherbenvermerk ), a ban on donations from the estate and the commitment of the provisional heir to ensure proper management of protected (§ § 2113 to § 2123, § 2130 BGB), unless the testator has the provisional heir by testamentary disposition be exempt from restrictions ( freed Vorerbschaft, § 2136 BGB). The provisional heir must be the substance of the inheritance received and may only use the proceeds for themselves.
If the provisional heir consideration on discount items, so the fee (for example, the price obtained ) in the estate falls ( subrogation, § 2111 BGB). Violates the provisional heir to the detriment of the heirs of its obligations, he makes himself liable for damages action against it. However, the provisional heir shall only be responsible for the standard of care, which he cultivates in his own affairs ( § 2131 BGB).
30 years after the succession, the rights of the heirs of the estate and the provisional heir acquires the unrestricted inheritance, it is "Full Site". Exceptions to this rule are found in § 2109 BGB. In practice, however, these exceptions are more the rule than the exception. For, according to § 2106 of the Civil Code applies in the absence of information from the death of the provisional heir as an event with which the reversionary to occur, and this is precisely covered by the exceptions. Significant practically relevant cases that are generally not recognized by the exceptions are, inter alia, events that do not lie in the person of the provisional heir ( eg entrance of the defense case ) and the provisional heir by juridical persons.
The provisional heir bears the " ordinary maintenance costs" of inheritance ( § 2124 BGB, such as the upkeep of houses). The heir bears the " extraordinary expense " (§ 2126 BGB, for example, investments that will lead to an increase in value ).
If the provisional heir and the heir are both children of the testator, the heir receives no compulsory share, because only those who receive a reserved portion, which is excluded by testamentary disposition of the inheritance or has knocked out the inheritance. As well as the heir of "real" heritage, he is therefore not entitled to a compulsory portion right. He suggests, however, the inheritance from, he has a claim on the part of statutory duty.
The heir is an heir of the deceased and not the provisional heir. This can not escape him therefore the succession by will. Other applies only if the heir is appointed by the testator under the condition that the provisional heir has nothing else. At the Berlin Testament a reversionary advantages and is not intended in doubt.
Although the heir is not heir to the provisional heir, but the testator, the advantages and reversionary is in fiscally assessed as subject Erbvorgänge two ago.
According to § 771 ZPO § 2115 BGB and creditors of the provisional heir have no way to access the substance of the inheritance, if the provisional heir is insolvent. Also, they will not count for benefits. If access is not to be denied only for asset substance, but also for his income, this can be achieved by arranging a testament duration Enforcement ( Disabled Testament).
Noble houses use the heir to the succession of generations to regulate as it prescribes the House bill.
Historical
In the Roman law was the principle of " semel heres semper heres " (once heritage, heritage always ). Pros and heirs did not exist therefore. Nevertheless, because there was a desire for rules on the dying away addition, we used the instrument of Universalfideikommiss.
Swell
- Inheritance law ( Germany )