Collection of credit debt from the debtor's heir
Posted: Wed Jun 18, 2025 3:21 am
Features and restrictions on the collection of credit debt from the debtor's heir
On July 4, 2023, the Grand Chamber of the Supreme Court, in case No. 570/3891/14 , proceedings No. 14-44ts22 (EDRSRU No. 112406150), investigated the issue of features and restrictions when collecting credit debt from the debtor's heir.
Articles 1216, 1217 of the Civil Code of Ukraine define that inheritance is the transfer of rights and obligations (inheritance) from a deceased individual (testator) to other individuals (heirs). Inheritance is carried out by will or by law. Inheritance as the transfer of rights and obligations (inheritance) from a deceased individual (testator) to other individuals (heirs) (Article 1216 of the Civil Code of Ukraine) is the basis for universal succession in civil legal relations.
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In the event of the death of the debtor under a credit agreement, his rights and obligations under this agreement are transferred to the heirs, who are obliged to satisfy the creditor's claims in full, but within the value of the property inherited (Part One of Article 1282 of the Civil Code of Ukraine).
Therefore, in the event of the death of the borrower under a loan agreement, if there are heirs, the debtor is replaced in the main obligation, who is liable within the value of the property received as an inheritance.
The above conclusion is fully consistent with the established case law set forth, in particular, in the resolution of the Supreme Court of Ukraine dated April 17, 2013 in case No. 6-18ts13 and the resolution of the Grand Chamber of the Supreme Court dated March 13, 2019 in case No. 520/7281/15-ts (proceedings No. 14-49ts19).
On July 4, 2023, the Grand Chamber of the Supreme Court, in case No. 570/3891/14 , proceedings No. 14-44ts22 (EDRSRU No. 112406150), investigated the issue of features and restrictions when collecting credit debt from the debtor's heir.
Articles 1216, 1217 of the Civil Code of Ukraine define that inheritance is the transfer of rights and obligations (inheritance) from a deceased individual (testator) to other individuals (heirs). Inheritance is carried out by will or by law. Inheritance as the transfer of rights and obligations (inheritance) from a deceased individual (testator) to other individuals (heirs) (Article 1216 of the Civil Code of Ukraine) is the basis for universal succession in civil legal relations.
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Billion-dollar losses, transit restoration and port digitalization. Interview with the head of the USPA
In the event of the death of the debtor under a credit agreement, his rights and obligations under this agreement are transferred to the heirs, who are obliged to satisfy the creditor's claims in full, but within the value of the property inherited (Part One of Article 1282 of the Civil Code of Ukraine).
Therefore, in the event of the death of the borrower under a loan agreement, if there are heirs, the debtor is replaced in the main obligation, who is liable within the value of the property received as an inheritance.
The above conclusion is fully consistent with the established case law set forth, in particular, in the resolution of the Supreme Court of Ukraine dated April 17, 2013 in case No. 6-18ts13 and the resolution of the Grand Chamber of the Supreme Court dated March 13, 2019 in case No. 520/7281/15-ts (proceedings No. 14-49ts19).