Acceptance And Refusal Of Inheritance: Problems of Theory, Notarial And Judicial Practice

Acceptance and refusal of an inheritance are the compulsory unilateral acts which confirm the choice of an heir. The former may be expressed in formal or factual form, while the latter being different from the act of 'not accepting', may only be formally stated. The approach of the national legal regulation is unspecific, a problem which gives rise to a bunch of controversial issues in the judicial and notarial practice. The paper is based on several legal sources studied through the evolution of the above institutions, their application in court practice and the views in the legal doctrine. The methods used are formal-legal analysis of the legal provisions and a comparative legal method. The acceptance and refusal of an inheritance constitute a hereditary option, which may be defined in a three-fold system: unilateral legal act, legal fact and a right of a summoned heir. The right to accept or refuse an inheritance is inheritable, which is called the institution of hereditary transmission. However, the hereditary option is more varied in foreign legislatures, which result in more advanced protection of creditors interests.