Book contents
- Frontmatter
- Contents
- List of Tables
- Preface: The Ambivalence of Inheritance
- Introduction: Of Inheritance and Kinship
- 1 Family and Inheritance
- 2 Florentine Laws Regulating Inheritance and Repudiation
- 3 Repudiation and Inheritance
- 4 Profile of Florentine Repudiation and Inheritance
- 5 Repudiations and Household Wealth
- 6 Repudiation as an Inheritance Practice
- 7 Repudiations in Dispute
- Conclusion
- Appendix 1
- Appendix 2
- Appendix 3
- Appendix 4
- Appendix 5
- Appendix 6
- Sources and Abbreviations
- Index
Conclusion
Published online by Cambridge University Press: 17 August 2009
- Frontmatter
- Contents
- List of Tables
- Preface: The Ambivalence of Inheritance
- Introduction: Of Inheritance and Kinship
- 1 Family and Inheritance
- 2 Florentine Laws Regulating Inheritance and Repudiation
- 3 Repudiation and Inheritance
- 4 Profile of Florentine Repudiation and Inheritance
- 5 Repudiations and Household Wealth
- 6 Repudiation as an Inheritance Practice
- 7 Repudiations in Dispute
- Conclusion
- Appendix 1
- Appendix 2
- Appendix 3
- Appendix 4
- Appendix 5
- Appendix 6
- Sources and Abbreviations
- Index
Summary
Repudiation of inheritance persists in modern law. The Italian national law code contains a right of rinuncia all'eredità. Provided one has not undertaken acts implying a tacit or presumed acceptance of the inheritance, one can move to declare a rinuncia within the brief allowed terms, if in possession. If not in possession, one can simply refrain from the property for ten years. Formal renunciation can take the form of a notarial action or a declaration before the local court handling probate. Immobili renounced must be reported in writing to the official with competence over the registry of real estate. No rinuncia is valid if conditional or covering only a part of the eredità, nor is it valid if it turns out that the renouncing heir is in fact hiding some portion of the estate in his or her possession. Renunciation can be revoked, provided no one else has entered on the estate and accepted it. Creditors' rights are protected in that they can petition a court to accept the estate in the name of the repudiating party in order to satisfy their claims on the goods in the estate.
In all these provisions, we can spot legacies of the medieval law of repudiations – the notarial act, its completeness and unconditionality, the right of revocation, the concern with subterfuge and evasion, but perhaps most notably the requirement to register repudiation of immobili.
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- Information
- Heirs, Kin, and Creditors in Renaissance Florence , pp. 209 - 214Publisher: Cambridge University PressPrint publication year: 2008