Analysis of Judgment No. 18294 of 2024: Standing to Resume Proceedings by Heirs

The recent Order No. 18294 of July 4, 2024, issued by the Court of Cassation, offers important food for thought in inheritance law, particularly regarding the standing of heirs to resume a legal proceeding. The central issue concerns the requirements for a person to qualify as an heir and proceed with the resumption of an ongoing case, following the death of the deceased (de cuius).

Context of the Judgment

In the case at hand, the individual who qualified as the deceased's heir, without specifying the type of succession or the method of acceptance of the inheritance, demonstrated their family relationship. The Court reiterated that such a demonstration is sufficient for the act of resumption to be considered as tacit acceptance of the inheritance.

By a person qualifying as heir - As a child of the "de cuius" - Failure to specify the type of succession - Omission of the method of inheritance acceptance - Demonstration of family relationship - Proof of heir status - For the purpose of standing to resume proceedings - Sufficiency - Basis. When the death of a party occurs and the proceedings are resumed by a person who qualifies as the heir of the deceased, as their child, demonstrating the family relationship, even without specifying the type of succession and without indicating how the inheritance was accepted, the act of resumption, as it comes from a person certainly called to the inheritance regardless of the type of succession, constitutes an act of tacit acceptance of the inheritance and is, therefore, sufficient to consider the standing to resume proceedings as proven.

Regulatory and Practical Implications

The judgment is based on several articles of the Code of Civil Procedure and the Civil Code, particularly Articles 110 and 303 of the former and 475 and 476 of the latter. These articles outline the rights and duties of heirs, clarifying how proof of heir status can be established even in the absence of strict formalities. It is interesting to note how the Court of Cassation, with this order, confirms previous rulings, such as No. 14081 of 2005 and No. 16814 of 2018.

Conclusions

In conclusion, Order No. 18294 of 2024 provides a significant clarification on the standing of heirs to resume legal proceedings. This judgment emphasizes the importance of the family relationship and the possibility of tacit acceptance of the inheritance, thereby facilitating access to justice for individuals who have to manage the succession of a deceased family member. With its decision, the Court contributes to simplifying legal procedures related to inheritance, making the system more accessible and understandable for everyone.