Kernrechtsfrage
Whether the recourse claim of a co-heir who paid an inheritance-related tax debt must be brought against all heirs jointly as a necessary joinder.
Extrahierter Entscheid
No. The claim could be directed against A.X. alone; joinder of all co-heirs was not required.
Extrahierte Begründung
The Court held that neither inheritance law nor the supplementary application of obligations law requires a recourse claim by a solidarily liable heir to be asserted against all co-heirs together. The solidarity created by inheritance law is broken by the right of recourse according to the heirs' shares, and recourse may be asserted even before division of the estate.