Order No. 15504 of 2024: Opposition to an Injunction as Tacit Acceptance of Inheritance

The recent order No. 15504 of June 3, 2024, from the Court of Cassation raises important questions regarding the nature of the opposition to an injunction proposed by an heir. In particular, the Court stated that such opposition constitutes a tacit acceptance of the inheritance, regardless of its potential inadmissibility. This principle, which has relevance for the stability of the effects related to succession, deserves further exploration.

The Case at Hand

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

The Principle of the Court of Cassation

In general. The opposition to an injunction filed by an individual in their capacity as an heir of the enjoined party constitutes tacit acceptance of the inheritance, regardless of the fact that such opposition has been declared inadmissible, since the acceptance of the inheritance, in order to protect the stability of the effects related to succession mortis causa, is characterized as a pure and irrevocable act and therefore cannot be annulled by subsequent events.

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

Regulatory 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. Additionally, it refers to Article 645 of the Code of Civil Procedure, which regulates proceedings related to injunctions. Previous jurisprudence, such as principles No. 8529 of 2013 and No. 19711 of 2020, has already begun to outline an interpretative path on this topic, contributing to the establishment 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 clarified that opposition to an injunction, when filed by an heir, automatically translates into a tacit acceptance of the inheritance. This principle not only guarantees the stability of the effects of succession but also provides greater legal certainty to heirs, preventing subsequent events from compromising their position. It is essential that legal professionals carefully consider these developments to best assist their clients in matters of succession.

Bianucci Law Firm