Considerations about the maintenance payments and their continuity after the debtor’s death: the debt and the legal heirs

Abstract

The death of former spouse, doesn't produce the effect of extinguishing compensatory maintenance. The debt is integrated in the estate and the obligation is assumed by the heirs. The creditor's spouse’s death, extinguishes the compensatory maintenance, as intuitu personae right, not transferable to the inheritor. The artículo 101 of the Civil Law declare... they will be able to request of the judge the reduction or suppression of that, if the hereditary flow could not satisfy the necessities of the debt or it affected to its rights in the legitímate one. This is directed with special intention to the heir and its new creditor, will have two important questions: during how long does one have to pay this debt? and how, much will their final amount be?