Controversial Aspects or Aspects Likely to Create Controversies Regarding the Option to Accept or Disclaim an Inheritance

摘要

A person entitled to inherit is the one who has the freedom to choose between receiving the inheritance title, by accepting the inheritance, and refusing the inheritance title, by giving up to inheritance. The two sides of hereditary option - accepting and disclaiming the inheritance - seen both as subjective rights and legal acts -must be assessed and understood in relation with other notions and institutions, primarily the hereditary law ones, but also those related to other fields of civil law. In these circumstances, the present work aims to present some aspects related to the regulation of the right to accept or disclaim an inheritance, which have already been understood differently by the legal literature or which are likely to generate controversies, due to, among others, the faulty drafting of some texts within the Civil Code or the failure to notice some relations with other legal notions and institutions, which should exist, as said before.