there is an estate, each heir must be sued in order to act against the community. This must not however be done in a process. Also, separate trials of each individual are possible. fact, as the Stuttgart Lawyer for inheritance Michael Henn, Vice President and executive director of the German lawyers, notaries and tax advisers Association for Succession and Family Law Association (DANSEF), based in Stuttgart, having regard to a at 09 August 2010 posted to a Judgement of the District Court (AG) Munich from 010.2.2010, Az: 231 C 12827/09.
The owner of an apartment in Munich, died in 2001. Heir he was four. Even after his death, the public utility supplied gas to continue to this apartment. A payment not received it anymore. Also debit from the account of the deceased attempts failed since it has sufficient cover no more disposal. When at last 4866: - € had accumulated, required the utility to tolerate the adjustment of the gas supply and the expansion of trade fair facilities. This was denied them.
So they brought an action before the District Court against one of the heirs, who seized the apartment. This defended himself in court, arguing that he was only one of the heirs could not do anything alone and are therefore not sued individually.
The competent judge at the Munich District Court gave the public utilities law, however:
This would have a right to toleration of the adjustment of the gas supply and the expansion of trade fair facilities and in this connection to access the apartment. According to § 19 of the Basic Gas Supply Regulation (GasGVV) of the gas utility is entitled to have to interrupt the gas supply if the customer does not meet his financial obligations.
customer had originally been the deceased. With his death, the contract was transferred to the city works to the heirs. Undeniably also outstanding payments of € 4866 .-- were incurred. The defendant can also be sued, even though he was only part of a community of heirs. When the heirs if it were indeed a community of joint, that is the legacy going as a whole, undivided to the heirs about. This Community does not have legal personality but could not itself be sued. had to be sued every single heir. But this must not happen in a process. True that the creditor can obtain a tolerance to all heirs title to enforce can. This could also happen in separate processes. The verdict is final.
Henn recommended to note this and take in cases of doubt legal advice on claims and referred inter alia to the DANSEF German lawyers, notaries and tax advisers Association for Succession and Family Law Association, http:/ / www.dansef.de/
photo: Attorney Michael Henn lawyer specializing in inheritance law, labor law specialist
photo: Attorney Michael Henn lawyer specializing in inheritance law, labor law specialist
The author of this article is available for inquiries please contact:
Michael Henn
lawyer
lawyer specializing in inheritance law
Attorney for Labor
DANSEF - Vice President and
executive director
Lawyers Dr. Gaupp & Coll.
Theodor-Heuss-Str. 11 70174 Stuttgart
Tel: 0711/30 58 93-0
Fax: 0711/30 58 93-11
0 comments:
Post a Comment