Liability of the heir who has renounced the inheritance

Facts

On February 19, 1988, A.Y. died in a home belonging to Association X. Her daughter B.Z. renounced the inheritance, whereupon the estate was liquidated by the Bankruptcy Office in accordance with Art. 573 para. 1 CC and Art. 193 para. 1 DEBA. Association X., which had filed a claim for board fees of CHF 118,575.40, received CHF 7,736.95 from the liquidation.

On August 9, 1988, Association X. had filed a claim for CHF 118,575.40 against B.Z. with the cantonal Administrative Court, subsequently amended to CHF 126,987.45 plus 5% interest. The basis for the claim was that B.Z. had received assets from her mother within the last five years before her death, which would be subject to equalization in the division of the inheritance, so that she was liable for her mother's debts under Art. 579 CC.

The Administrative Court ruled that the claim was to be dismissed, as the plaintiff lacked standing.

Considerations

The Federal Supreme Court states that the question of standing for the claim filed by the plaintiff is of a civil law nature and therefore the appeal route is open, not the constitutional complaint.

Contrary to the view of the Administrative Court that in the case of a bankruptcy liquidation of the estate, the liability under Art. 579 CC belongs exclusively…