La rinuncia alla eredità da parte del delato in possesso dei beni ereditari

Di Giancarlo Iaccarino -

After the not completely acceptable sentence n. 4845/2003, the Supreme Court, with the order under examination, declares again that the potential heir, who has the possession of the hereditary assets and who would like to renounce the inheritance, has the duty to carry out the inventory in order to make a valid renunciation before the deadline of three months from the opening of the succession in compliance with art. 485. The explanations for such a decision are not very persuasive. As matter of fact, in the light of both systematic and empirical reasons, they are not acceptable. Consequently, the potential heir, in accordance with both the prevailing jurisprudence and the unanimity scholars, when in the possession of hereditary assets and does not want to accept the inheritance, will have the faculty, within the term of three months, in compliance with art. 519 c.c., to renounce without performing the inventory.