Tiimani 2: debt claim against a deceased person refused

The court refused to accept the claim for proceedings because the person named as defendant had died; the debt was not examined on its merits.

The apartment association Tiimani 2 brought a debt claim against XX. After checking the population register, the court established that the person named as defendant had died and could not participate in civil proceedings. The court refused to accept the claim for proceedings; the application and attachments are to be returned to the association. The court explained that a deceased person lacks legal capacity: the ability to have rights and obligations as a participant in proceedings. Hearing the claim against that person therefore could not produce the requested result. The existence and amount of the utility debt were not assessed on their merits. The ruling explained that a claim arising from the owner’s obligations may be directed against the heirs. If the heirs are unknown, an interested person may, under the prescribed conditions, request measures to preserve the estate, including appointment of an administrator to safeguard the assets. In this case, no heirs were identified, no administrator was appointed and no award was made against them. Costs were left with the association. An application returned following refusal to accept it is deemed never to have been filed or pending as a civil claim.

Refuse to accept the association’s claim for proceedings. Return the application and attachments to the claimant; the association bears costs.