Приемането на наследството като израз на гражданскоправния принцип на автономия на волята – практически проблеми и възможни решения
The Acceptance of Inheritance as a Manifestation of the Civil Law Principle of Autonomy of Will – Practical Problems and Possible Solutions

Author(s): Vladislav Datsov
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Университет за национално и световно стопанство (УНСС)
Keywords: acceptance of inheritance; autonomy of will; legal certainty
Summary/Abstract: The acceptance of inheritance is a unilateral expression of will which aims at acquiring the property of a deceased person by the natural persons who have the right to inherit. This expression is a manifestation of the Civil Law principle of autonomy of will because the person, who accepts the inheritance, does so willingly, without compulsion, basing their decision on the knowledge of what this inheritance consists of. However, there are certain practical problems such as how the person, who has the right to inherit, is to find out about the death of the testator, and how long should the period for accepting the inheritance be. These issues lead to a situation of uncertainty in which both the creditors of the deceased and the debtors of the same do not know who replaced the deceased in their legal relations. The current article seeks possible solutions to these and other problems.

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