სამკვიდროს მიუღებლობა, როგორც მამკვიდრებლის კრედიტორების მიმართ მემკვიდრის პასუხისმგებლობისაგან თავის არიდება

The right to inheritance is one of the basic human rights, which is protected and guaranteed by the Constitution. This fact implies that the state has certain obligations to recognize this right.
The master thesis is related to the inadmissibility of the inheritance as an avoidance of the recepient of the estate’s liability to the creditors of the heir, which has become even more frequent in recent years. This issue is not regulated at the legislative level yet, so I will offer recommendations to the public. The thesis reveals the difficulties associated with the case of inadmissibility of the estate, when the main purpose of the heir is to avoid liability to the creditors of the heir, by will and by inheritance. I discussed each case, the inadmissibility of the whole inheritance, also some part of the estate and the case of liability to several creditors of the heir.
The second difficulty in this issue is such facts in the court practice like when the creditor of the heir requests the extension of the term of the estate, because the heirs do not receive it intentionally within the dates which is prescribed by law, in particular, do not submit an application to the notary office, but neither refuse it and / or in the second case, they have not received it, but it is proven that they actually own it.
Inadmissibility of the inheritance is often expected not only from individuals but also from legal entities, so this issue is also discussed in this thesis.
In the modern era, the changes in the law are made often, due to the public requirements, so the issue which is discussed in this thesis is even necessary to be regulated and treated within the law, as shown by the court practise of a foreign country, which is often discussed in the thesis.