In the presupposition that the heir and the inheritance constitute two essential moments of the same succession outline, which is regarded in one case in the subjective prism and in the other end, in that objective, it is excluded that the inheritance could be considered a thing or a good and the same one is solved in a recapitulatory formula able to assemble all the subjective juridical situations in which the heir nds himself. With the evident consequence that each business (inter vivos or mortis causa) that it has with regard to the inheritance ends up by characterising itself, inevitably, as a deal for relationem, which transfers the de nition of his content to the external stocktaking activity. On the other hand, be- ing positioned in the perspective of the succession progress, the report is made clear between called and heir, or rather between the one who by law or under the will has the power of accepting the inheritance and the one who, exercised this power with the act or the fact of the acceptance, has really attained the juridical heir position. Juridical position principally characterised by the expansive virtue of the share and by the responsibility for the payment of the hereditary debts and weights.
The concept of inheritance and the future of the heir / Barba, Vincenzo. - In: PAVARËSIA SCIENTIFIC JOURNAL. - ISSN 2304-2664. - STAMPA. - 2:2(3)(2016), pp. 144-158.
The concept of inheritance and the future of the heir
BARBA, Vincenzo
2016
Abstract
In the presupposition that the heir and the inheritance constitute two essential moments of the same succession outline, which is regarded in one case in the subjective prism and in the other end, in that objective, it is excluded that the inheritance could be considered a thing or a good and the same one is solved in a recapitulatory formula able to assemble all the subjective juridical situations in which the heir nds himself. With the evident consequence that each business (inter vivos or mortis causa) that it has with regard to the inheritance ends up by characterising itself, inevitably, as a deal for relationem, which transfers the de nition of his content to the external stocktaking activity. On the other hand, be- ing positioned in the perspective of the succession progress, the report is made clear between called and heir, or rather between the one who by law or under the will has the power of accepting the inheritance and the one who, exercised this power with the act or the fact of the acceptance, has really attained the juridical heir position. Juridical position principally characterised by the expansive virtue of the share and by the responsibility for the payment of the hereditary debts and weights.File | Dimensione | Formato | |
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