Impugnazione, opposizione, accettazione o accettazione “in nome e per conto”: ancora dubbi sulla natura dell’azione ex art. 524 c.c.

Di Vera Sciarrino -

In this note, the Author reflects on the particular protection instrument recognized to the creditors of the renouncer of the inheritance by evaluating, given the unfortunate wording of art. 524 c.c., whether this remedy could be considered a case of challenge against the waiver, of opposition to it or of acceptance of the inheritance “in the name and on behalf” of the renouncing debtor. Are also assessed the consequences of renouncing the inheritance in the event of bankruptcy and liquidation of the assets (art. 14-ter ss., L. no. 3/2012). Lastly, the Author focuses on the assumption of the harmfulness of the renunciation and whether, in the case of active inheritance, the damage should be still concretely assessed taking into account any collation and imputation to be made by the called party.