The acceptance of an estate is done with benefit of inventory, when the heir LIMITED responsibility for the liabilities of the succession to property of his own legacy, separating the assets of the heir to the estate collection , for not responding with their own property. Ownership unbundling remains to extinction of the debts and liabilities inherited.
This legal entity has its origin in Roman law noting that the successor took the place of "pater " as head of the family and was the owner of all assets, both credits and property and their debts, which creditors fully guaranteed the collection of its receivables, and causing you not to declare infamous for failing to meet their obligations, since be insolvent performed a procedure called " bonorum Venditio " culminating the sale of all its assets at public auction and the taint of infamy.
can also be found in the third century AD, when Emperor Gordian the military granted a privilege, which was to respond only to the assets of the deceased, if they had accepted a legacy of ignorance. In this tenor in the year 531 the Emperor Justinian issued a Constitution, which granted to all heirs, the ability to accept the inheritance with the benefit of inventory, safeguarding their own heritage, but meeting certain requirements.
Today, our legal system, gives the power to simply accept the inheritance or benefit of inventory. The fundamental difference is that accepting the inheritance without benefit of inventory, the heir becomes liable for all debts of the deceased, in addition to the assets of the estate, with their own .
In the same vein, and s advisable in cases where there is doubt about the solvency of the deceased as heir respond only debts of the deceased up to the amount of assets that are allocated by inheritance. The acceptance for the benefit of inventory can be before the notary or consular agent if the beneficiary is abroad, or before a judge.
For the purposes of this, the heir is obliged to pay debts to creditors first in the order to show the commitment and then split other heritage charges ONLY TO THE EXTENT THE GOODS thereof, without prejudice to any changes that arise a subsequent administrative check . This means explaining that preserves, against the estate, all rights and actions to take against the deceased, ie not confuse the separate property of the heir to those belonging to the estate.
All heir may accept the inheritance with the benefit of inventory, although the testator has forbidden it. Before accepting the inheritance to the benefit of inventory can be ordered the formation of inventory to see if they accept it. The statement has no effect if not accompanied by a faithful and accurate inventory of all assets of the estate, made with the formalities and within the time limits established by law.
In conclusion, acceptance of an inheritance with the benefit of inventory, it means that if the balance was debtor remain unpaid, without compromising their own property.
Abg. Joseph F. Monaza M.
@ jmonaza
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