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INHERITANCE SALES BASED ON THE NEW CIVIL CODE

Ilie Urs ()

Fiat Iustitia, 2017, vol. 11, issue 1, 296-301

Abstract: Inheritance sales are an agreement by which the heir sells their inheritance rights to other persons. We shall mention that such inheritance rights sales can only take place provided that the inheritance procedure has already been opened, therefore provided that the person whose inheritance is under debate has already ceased to exist and only whether the heir has already accepted the inheritance. Whether heirs sell their inheritance rights before having expressly accepted such inheritance, the sales shall be considered an act of tacit acceptance of the inheritance. By selling their inheritance rights, the heir transmits the buyer, in block/entirely, the universality of the chart of assets which form the inheritance or their share of the inheritance, in case there are other heirs as well. In other words, the inheritance sales is a variety of sales as it has as object either the entire inheritance gathered by the seller (the entire inheritance patrimony, whether the seller is an only heir), or only a share of the inheritance (a fraction of the inheritance patrimony, whether there are other heirs as well). The seller finds himself placed in the heir position, as far as both the rights and the liabilities transmitted by the deceased person are concerned.

Keywords: sales; agreement; inheritance rights; universality of assets; heir; legatee. (search for similar items in EconPapers)
Date: 2017
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