GENERAL THEORETICAL PROBLEMS AND PRACTICAL ASPECTS OF THE INHERITANCE OF THE OBLIGATION TO COMPENSATE DAMAGE AND TO PAY A PENALTY

Abstract

The article is devoted to the clarification of the peculiarities of inheritance of the obligation to compensate for the damage caused by the testator and to pay the penalty awarded during his life. It is highlighted that both contractual and non-contractual damages are subject to compensation. It justifies the conclusion that the obligation to compensate for the damage caused by the testator, as well as to pay the penalty awarded from him, is not a succession in civil liability, but an element of the composition of inheritance – an inherited liability. Such an obligation is implemented in the form of payment of a certain amount of money, but not the transfer of things in kind, if the agreement between the heir and the lender does not establish another order of compensation for damage (payment of a penalty). The victim in the inherited legal relations acquires the status of the creditor of the testator (debtor), so the order and timing of the obligation to compensate the damage and pay the penalty are regulated by Articles 1281, 1282 of the Civil Code of Ukraine. It is found that in the sphere of inheritance law the application of the principle of full compensation for damage is significantly narrowed, taking into account the following: 1) the obligation to compensate the damage caused by the delinquent and to pay the penalty awarded from it is limited to the value of movable or immovable inherited property; 2) the victim must comply with the order and timing of the creditor of the testator claims against the heirs of the debtor, defined in Articles 1281, 1282 of the Civil Code of Ukraine; 3) the victim, which in the six months period has not submitted claims to the heirs delinquent, who accepted the inheritance, deprives the right of claim; 4) the amount of damages and penalties may be reduced by the court. The right to claim occurs to the heir after acceptance of the inheritance. The court may reduce the damage caused by the testator and the contractual penalty to the amount less than the value of inherited property.