THE INHERITANCE OPENING AND ITS LEGAL CONSEQUENCES IN LIGHT OF THE ENTRY INTO FORCE OF THE NEW CIVIL CODE
THE INHERITANCE OPENING AND ITS LEGAL CONSEQUENCES IN LIGHT OF THE ENTRY INTO FORCE OF THE NEW CIVIL CODE

Summary/Abstract: Under the provisions of article 954, paragraph 1 of the New Civil Code, “the legacy is opened when the person dies;” under art. 651 of the previous Civil Code, the old wording were “inheritances are opened by death.” The opening of an inheritance is not confused neither with the opening of the inheritance procedure nor with the inheritance debate opening. The inheritance procedure opens once the claim to a public notary is addressed according to the article 68, 1st paragraph, law 36/1995 (in a disputed claims office’s procedure), or even by a claim made to the court, when the parties address directly to it, opposed to the facultative feature of the inheritance notary procedure. The inheritance debate opening is highlighted by the moment of taking statements from prospective successors, after their identification and having proven the heir quality in front of a public notary. In exchange, the opening of inheritance, with all legal outcomes, arises in the moment of death.

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