The relevance of seisin in the context of applying art. 412 para. (1) point 1 of the Civil Procedure Code regarding introducing one of the heirs into the trial. Is there an hierachy of the heirs?

Abstract

What is the relevance of seisin in the context of applying art. 412 para. (1) point 1 of the Civil Procedure Code? Is the acceptance of inheritance a condition of the seisin? If the defendant dies during the procedure, is it possible to introduce one of the heirs who might succeed and benefit from the seisin, considering the provisions of art. 1125 of the Civil Code? Is it possible to avoid suspension by introducing the special curator of the inheritance, appointed by the public notary, according to art. 1136 para. (1) Civil Code or the special curator nominated by the court, according to art. 155 para. (1) point 15 of the Civil Procedure Code? What is the expected hierarchy between the representatives of the interests of the eventual heirs? These are part of the questions we tried to answer during this study, the difficulty of which comes from the fact that solving all these issues involves both the understanding of substantive law institutions, but also of their effects in terms of procedural law.

Keywords

• suspension by law
• introducing the heirs
• seisin
• seised heir
• special curator of the heritance
• special curator
• eventual heir.