!!!Erbrecht

Succession, Law and Rights of, in an objective sense this includes all 
legal provisions which regulate the transfer of the estate of a 
deceased person (testator) to other persons; in a subjective sense it 
is the right of the heir to take possession of the whole or of certain 
parts of the estate. The main legal source of the Austrian law and 
rights of succession is the  Allgemeines Buergerliches Gesetzbuch 
(§§ 531-824).

\\
The estate (inheritance) comprises all assets, rights and obligations 
of a deceased person. The deceased names the heir in a  Testament or  
Inheritance, Contract of (succession in accordance with a disposition 
by the deceased), if that is not the case, the legal  Succession, Line 
of becomes effective. The testator´s freedom is limited by the 
right to a  Compulsory Portion. The appointed heir takes possession of 
the inheritance after a judicial court-hearing on the inheritance. The 
heir accepts or waives the inheritance by an inheritance declaration. 
By an unconditional inheritance declaration, the heir accepts the 
inheritance without reservation of liability, by a qualified 
inheritance declaration the heir becomes personally liable, but only 
to the extent of the total value of the inheritance. The heir´s 
share of the inheritance is subject to inheritance tax.

!Literature
H. Koziol and R. Welser, Grundriss des buergerlichen 
Rechts, vol. 2, %%sup 9/%1991.


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