ПОСЛЕДИЦИ НА ПРИЕМАНЕТО НА НАСЛЕДСТВОТО ПО ОПИС В РИМСКОТО И В СЪВРЕМЕННОТО ГРАЖДАНСКО ПРАВО
CONSEQUENCES OF THE ACCEPTANCE OF THE INHERITANCE UNDER THE BENEFIT OF INVENTORY ACCORDING TO THE ROMAN LAW AND TO THE CONTEMPORARY CIVIL LAW

Summary/Abstract: In the article are researched the consequences of the acceptance of the inheritance under the benefit of inventory (beneficium inventarii). Its historical roots in Roman law are shown. The reasons for its occurrence are explored. The main view in the article is connected with the relation between this kind of acceptance and other legal institutes – ius abstinendi and separatio bonorum. The author thesis is that beneficium inventarii’s consequence is that the estate and the heir’s property stay separate and the creditors of the estate and the legatees have a right of execution only over the estate, but not over the heir’s property. This is valid not only for Roman law, but for the contemporary civil law too.

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