Accettazione beneficiata dell’eredità devoluta ad un ente morale e indefettibile stesura dell’inventario

Di Marco Ramuschi -

The Court, with the decision analysed, confirmed the fact that the approval under benefit of inventory represents a particular case in gradual formation, composed of a plurality of deeds, which are fundamental for its fulfillment. Referring particularly to the approval of the inheritance by a charitable organization, the approval is to be considered tamquam non esset in the event that its legal form is not perfected, for example because of the lack of compilation of the inventory within the prescribed time. In this case, the organization will be able to create a new approval as long as the right to accept the inheritance will not be expired. Firstly, we gave attention to this topic, particularly to the approval of the inheritance by a charitable organization and to the possible forfeiture of its right of approval, in case of a lack of formation of the inventory within the prescribed time, also trying to give our personal contribution. Lastly, we humbly tried to formulate some observations on the application of the article 493 of the Civil Code, subsection 1, once again with regard to a charitable organization.