Succession

Succession can be

  • universally, when a subject takes over from another in all the active / passive juridical relationships of which he is a part in
    universo ius ius;
  • in particular,, when a subject succeeds another only in a specific legal relationship (e.g. in the legacy)

The succession can also be::

  • tra vivi (inter vivos), if the giver maintains his legal subjectivity after the succession
  • mortis causa, if it occurs following the death of the assignor (natural person, named de cuius, but there may be succession
    which occurs following the extinction of a legal person.

Succession due to death can be of a particular or universal title.

The succession between living persons can only be in a particular capacity if the assignor is a natural person, since, in modern legal systems, there are inalienable rights and of which the natural person cannot be deprived.

Italian law provides as a hypothesis of universal succession only succession mortis causa. Exceptional admissibility of a universal succession between living people is foreseen in the event of a merger of companies and then there is the slow, but progressive erosion of the fidecommissorio phenomenon with family pacts, only recently admitted and recently in the legal system.

Inheritance law is one of the branches of law that regulates everything concerning the death of a person.

It is possible that the deceased leaves his will collected in a will or decides not to dispose of them, leaving all the regulation of assets to the law.

From here we can therefore recognize two tools used by the law:

  • The testamentary succession, in which the deceased has left specific provisions as his last will;
  • Legal succession, a procedure that regulates the legal consequences of the absence of testamentary provisions.

Testament Requirements

The will can be validly drawn up if the testator complies with these 2 precise fundamental rules:

  • be over 18 years of age and be compos sui, that is, capable of understanding and willing at the time of writing.

The will in turn differs into three types:

  • Holographic will
  • Public will
  • Oral will

From the point of view of inheritance law, the most important terms are:

  • To renounce the inheritance: 3 months
  • To apply for the inventory benefit: 1 month
  • To ask for liquidation: 3 months
  • To contest a will: 1 year
  • To contest a will that infringes the legitimate will: 1 year
  • To claim an asset owned by a third party: 1 year

These terms begin to run at different times which can be the death of the deceased, the knowledge of the death of the deceased, the communication of the dispositions of the last will. If you do not consider the “terms” prescribed by law, you can no longer exercise your rights.