La rinunzia alla prelazione ereditaria

Di Alberto Costa -

The hereditary pre-emption is the right of the co-heirs to be preferred over third parties if one of the other co-heirs decides to sell the entire inherited share or parts of it. Strengthened by the right to redeem the share from the buyers, it ensures the right of the co-heirs to have their inherited share extended by avoiding the fragmentation of the inheritance and the third parties’ participation in it. Since the rights to hereditary pre-emption and redeem the share from the buyers are meant to protect private interests, of which private parties can therefore freely dispose, the question of whether they can be waived by the co-heirs is usually answered in the positive. However, while the waiver is admissible before the co-heirs are notified of a proposal of alienation of the inherited share, it cannot take place before the opening of the succession.