Possession and Quality of Heir: Analysis of Order No. 15468 of 2024

Order No. 15468 of June 3, 2024, issued by the Court of Cassation, provides an important interpretation regarding inheritance, particularly concerning possession and acquiring the quality of heir. The ruling, which rejects previous orientations, focuses on the case of an heir vested with the bare ownership of a property, analyzing the legal and practical implications of such a situation.

The Legal Context

The case at hand involves D. (Giardina Paola) against D. (Valettini Roberto) and falls within the realm of "mortis causa" successions. The Court of Cassation deemed it essential to clarify the meaning of possession in relation to bare ownership, referring to Article 1140 of the Civil Code, which defines possession as the factual power over a thing. This aspect is crucial, as the possession of a property by the called heir, even in the presence of a usufructuary, is considered valid for acquiring the quality of heir.

Called to inheritance vested with the bare ownership of a property - Occupation of the property - Possession - Configurability under Article 1140 of the Civil Code - Consequences - Acquisition of the quality of heir under Article 485 of the Civil Code. The called heir vested with the bare ownership of a property, through the occupation of the same, exercises possession corresponding to the bare ownership, according to the definition of Article 1140 of the Civil Code, even though the possession of the general usufructuary of the inherited assets exists on the same asset, and thus acquires the quality of heir based on the mechanism provided for in Article 485 of the Civil Code.

The Implications of the Ruling

The ruling clarifies that, despite the presence of a usufructuary, the called heir who occupies the property exercises a sufficient factual power to configure possession under Article 1140 of the Civil Code. This possession, in turn, allows for the acquisition of the quality of heir according to the mechanism set forth in Article 485 of the Civil Code. Therefore, possession is not only a material element but assumes fundamental legal relevance in determining hereditary status.

  • Possession and Bare Ownership: A Delicate Balance
  • The Role of the Usufructuary: Limitations and Rights
  • The Legal Consequences of Acquiring the Quality of Heir

Conclusions

In summary, Order No. 15468 of 2024 represents an important advancement in understanding the rights of the called heir vested with bare ownership. The ruling emphasizes that the occupation of the property confers legal possession that allows for the acquisition of the quality of heir, overcoming the limitations posed by the presence of a usufructuary. This interpretation offers greater protection to the rights of called heirs and clarifies the asset dynamics within successions.

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