Analysis of Judgment No. 18294 of 2024: Legitimacy of Resumption by Heirs

The recent Ordinance No. 18294 of July 4, 2024, issued by the Court of Cassation, offers important reflections in the field of inheritance law, particularly regarding the legitimacy of heirs to resume a trial. The central issue concerns the necessary requirements for a person to qualify as an heir and to proceed with the resumption of an already initiated trial following the death of the deceased.

The Context of the Judgment

In the case at hand, the individual who qualified as the heir of the deceased, while not specifying the type of succession or the manner of acceptance of the inheritance, demonstrated their family relationship. The Court reiterated that such demonstration is sufficient for the act of resumption to be considered as a tacit acceptance of the inheritance.

By the person qualifying as an heir - As a child of the "deceased" - Failure to specify the type of succession - Omission of indication of how the inheritance was accepted - Demonstration of family relationship - Proof of heir status - For the purpose of legitimacy to resume - Existence - Foundation. If the death of the party occurs and the trial is resumed by an individual qualifying as the heir of the deceased, as a child of the same, demonstrating the family relationship, even without specifying the type of succession and without indicating how the acceptance of the inheritance took place, the act of resumption, as coming from a person certainly entitled to the inheritance regardless of the type of succession, constitutes an act of tacit acceptance of the inheritance and is therefore suitable to demonstrate legitimacy to resume.

Normative 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 occur even in the absence of strict formalities. It is noteworthy how the Court of Cassation, with this ordinance, confirms orientations already expressed in previous judgments, such as No. 14081 of 2005 and No. 16814 of 2018.

  • The demonstration of family relationship is essential.
  • The act of resumption may constitute a tacit acceptance of the inheritance.
  • Specification of the type of succession is not necessary.

Conclusions

In conclusion, Ordinance No. 18294 of 2024 provides a significant clarification on the legitimacy of trial resumption by heirs. This judgment emphasizes the importance of family relationships and the possibility of tacit acceptance of inheritance, thus facilitating access to justice for individuals managing the succession of a deceased relative. The Court, with its decision, helps to simplify legal procedures related to succession, making the system more accessible and understandable for all.

Bianucci Law Firm