Acceptarea tacită a succesiunii în cazul existenţei unei stări de indiviziune/coproprietate între succesibil şi defunct asupra unui bun care face parte din masa succesorală

Tacit acceptance of succession in case of the joint ownership/co-ownership relation between the successor and the deceased regarding an asset of the succession

Abstract

Starting from the provisions of art. 689 of the Civil Code which allow that the acceptance of succession to be also tacit, and not only express, the court of first instance and subsequently, the court of appeal produced the evidence requested by the parties for the purpose of proving certain acts which the deceased H.A. undertook regarding the succession of the deceased H.I., and afterwards he judged about them, in the sense that it was not about any acts essentially permitting the intent of acceptance to be supposed, as the respondent had the capacity of co-owner of the estate forming part of the succession of the deceased, an estate in relation to...