Order no. 15504 of 2024: Opposition to a payment order as tacit acceptance of inheritance

The recent Order no. 15504 of June 3, 2024, by the Court of Cassation raises important issues regarding the nature of opposition to a payment order filed by an heir. In particular, the Court has affirmed that such opposition constitutes tacit acceptance of the inheritance, regardless of its potential inadmissibility. This principle, which is relevant for the stability of the effects connected to succession, deserves further examination.

The case under review

In the case under review, an individual filed an opposition to a payment order in their capacity as heir of the "de cuius." The central question was whether such opposition could be considered tacit acceptance of the inheritance, even if it was declared inadmissible. The Court answered affirmatively, emphasizing that the acceptance of inheritance is configured as a pure and irrevocable act.

The ruling of the Court of Cassation

In general. Opposition to a payment order filed by a person in their capacity as heir of the debtor constitutes tacit acceptance of the inheritance, without the circumstance that such opposition has been declared inadmissible being of any relevance, given that the acceptance of inheritance, to protect the stability of the effects connected to succession mortis causa, is configured as a pure and irrevocable act and therefore incapable of being invalidated by subsequent events.

This ruling highlights a fundamental principle in inheritance law: the acceptance of inheritance cannot be called into question by subsequent events. This means that an heir, even if their opposition is inadmissible, has already exercised their right to accept the inheritance. This aspect is of great importance, as it guarantees a certain stability to the legal effects related to succession.

Legal and jurisprudential references

The Court's decision is based on provisions of the Civil Code, particularly Articles 475 and 476, which deal with the acceptance of inheritance. Furthermore, it refers to Article 645 of the Code of Civil Procedure, which governs proceedings related to payment orders. Previous case law, such as rulings no. 8529 of 2013 and no. 19711 of 2020, had already begun to outline an interpretative path on this issue, contributing to the definition of a clear and coherent regulatory framework.

Conclusions

In conclusion, Order no. 15504 of 2024 represents an important milestone in the interpretation of Italian inheritance law. The Court of Cassation has clarified that the opposition to a payment order, when filed by an heir, automatically translates into tacit acceptance of the inheritance. This principle not only guarantees the stability of succession effects but also offers greater legal certainty to heirs, preventing subsequent events from compromising their position. It is essential for legal professionals to carefully consider these developments to best assist their clients in the context of successions.