The Legal Fate of the Claims of Mortal Creditors, Forced Heirs and Beneficiaries in the Event of Bankruptcy of a Citizen After his Death

The article analyses the legal regulation in terms of determining the procedure for satisfying the claims of mortal creditors, compulsory heirs and beneficiaries in comparison with the claims of other creditors of the bankrupt testator. It is proposed that creditors’ claims to the estate for the expenses incurred by them due to the death of the testator be considered as mortal claims in accordance with Article 1174 of the Civil Code. The author has revealed a discrepancy between the legally established order of satisfaction of creditors’ claims within the framework of the general provisions on bankruptcy and the rules on inheritance. The gap in legislation regarding the observance of the rights guaranteed to compulsory heirs was noted. The author suggests recognising such heirs of a bankrupt citizen in the event of his death as creditors of the bankruptcy estate and including them in the first place of creditors’ claims for current payments.