Die Erbengemeinschaft als Kooperationsschuldverhältnis

The subject of this dissertation is the relationship among co-heirs with regard to the administration of the estate. After identifying the relevant interests at stake, the dissertation highlights the existing shortcomings in current law and its common application, concluding that a convincing, uniform solution has not yet been found. Subsequently, § 2038(1), sentence 2, clause 1 of the German Civil Code (BGB) is examined in a new light. The statutory duty of cooperation arising from this provision can be elevated to the central focus of administration within the community of heirs in order to address the problems arising from the law governing administration in the community of heirs in a uniform manner.