Kritik der Abschichtung als Form des Ausscheidens aus der Erbengemeinschaft

For many years, the so-called "Abschichtung" has been popular as an additional way of settling an inheritance. Approved by the Federal Court of Justice and possible without any formal requirements, it offers co-heirs who are willing to withdraw a seemingly attractive way of speeding up what is otherwise a costly, time-consuming and sometimes contentious inheritance process. However, the underlying details are largely unclear, not least because of unclear formulations in case law. On the basis of the different dogmatic approaches to justification, the author highlights the difficulties in its application and examines the extent to which the construct of "Abschichtung" is compatible with the law of the community of heirs.