Acceptance Silence Inheritance

When the twenty-year history of the property in the technical fulfillment of a load for a notarial report shows origins from deeds for cause of death, of which the transcription of the succession report is detected but the relative transcription of acceptance by the ‘heir.

The current legislation states that, in the event that only the transcript of the succession report is found, it can only be assumed that the person called to the inheritance is assumed, without, conversely, any acceptance by the called party of said inheritance.

This circumstance, in similar cases, led to the suspension of the procedure by the G.E. and the request for integration of the relationship in order to document the transcription of the express acceptance of the inheritance (possibly after carrying out the action pursuant to Article 481 of the Italian Civil Code) or of an act that implies tacit acceptance (pursuant to Article 2648 of the Italian Civil Code). 3 cc), this in order to remedy the deemed interruption of the continuity of the transcriptions.

Tacit acceptance is therefore necessary in order to give continuity to the twenty-year origins that emerged from real estate advertising, with the identification, where possible, of a useful act that implies tacit acceptance (pursuant to Article 2648 c.3 of the Civil Code ), with the transcription to the public registers and with the burden of integrating the existing relationship.

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