Subject of Dispute: Recovery of Debt under a Credit Agreement from the Heirs of a Deceased Debtor.
Main Arguments of the Court:
1. The court established that the heirs are obligated to satisfy the creditor’s requirements, but exclusively within the value of the inherited property.
2. Since the heirs did not participate in the first instance court proceedings, the court did not determine the exact value of the inherited property, which is a procedural error.
3. According to the valuation report provided by the heir, the value of the inherited apartment share is 1,120,000 UAH, therefore the court modified the decision, establishing recovery within the limits of 560,000 UAH from each heir.
Court Decision: The Supreme Court partially satisfied the cassation appeal, modifying the court decisions of previous instances and establishing clear limits of debt recovery in the amount of 560,000 UAH from each heir within the inherited property.
