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Conclusion

Published online by Cambridge University Press:  17 August 2009

Thomas Kuehn
Affiliation:
Clemson University, South Carolina
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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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Publisher: Cambridge University Press
Print publication year: 2008

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  • Conclusion
  • Thomas Kuehn, Clemson University, South Carolina
  • Book: Heirs, Kin, and Creditors in Renaissance Florence
  • Online publication: 17 August 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511511806.010
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  • Conclusion
  • Thomas Kuehn, Clemson University, South Carolina
  • Book: Heirs, Kin, and Creditors in Renaissance Florence
  • Online publication: 17 August 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511511806.010
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Conclusion
  • Thomas Kuehn, Clemson University, South Carolina
  • Book: Heirs, Kin, and Creditors in Renaissance Florence
  • Online publication: 17 August 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511511806.010
Available formats
×