The judgment No. 10585 of April 18, 2024, issued by the Court of Appeal of Bari, addresses a crucial issue in inheritance law: the management of inherited credits and debts. This ruling clarifies that the credits of the deceased should not be automatically divided among the co-heirs but become part of the hereditary community. In this article, we will analyze the implications of this decision, providing a clear and understandable overview.
The case in question involves a dispute between S. (P.) and S. (M.C.) regarding the division of inheritance. The Court clarified that, unlike debts, credits are not automatically divided among co-heirs based on their shares. This aspect is fundamental to understanding how the hereditary community operates and the rights of the co-heirs. According to the judgment, each co-heir may act individually to assert the entire credit or only the proportional part corresponding to their share.
In general, the credits of the deceased, unlike debts, are not automatically divided among co-heirs according to their respective shares, but become part of the hereditary community, in accordance with the provisions of Articles 727 and 757 of the Civil Code, with the consequence that each participant in the hereditary community can act individually to assert the entire common credit, or only the proportional part of the hereditary share, without the need to involve all other co-heirs, while allowing the debtor defendant to request the involvement of the latter in the presence of an interest in ascertaining the existence or non-existence of the credit against all.
This summary highlights several crucial points:
Judgment No. 10585 of 2024 has significant repercussions on the management of inheritances. For co-heirs, this means they can act independently to recover credits without waiting for the agreement of all others. This greatly simplifies credit recovery operations and reduces legal times, facilitating a smoother management of inheritances.
Moreover, the exclusion of necessary joint proceedings among heirs prevents situations of stalemate that could arise in managing inheritance matters. The rules cited in the judgment, particularly the articles of the Civil Code, confirm the importance of this approach.
In conclusion, Judgment No. 10585 of 2024 represents an important step forward in legal clarity regarding inherited credits and debts. The distinction between the management of credits, which can be claimed individually, and that of debts, which must be divided, is fundamental for co-heirs. Lawyers and legal professionals must keep these principles in mind to effectively guide their clients in the complex area of inheritances.
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