Second appeal. Legal effects of the notarial declaration of acceptance of the inheritance after the expiry of the 6-month time limit

DREPT CIVIL ȘI DREPT PROCESUAL CIVIL

Abstract

Even if there is a notarial declaration of acceptance of the inheritance, after the expiry of the 6-month time limit of the succession, this is likely to produce the legal effects consisting in the acceptance of inheritance. The party has the legal obligation to produce evidence showing that, within the 6-month period from the deceased’s death, he or she concluded deeds of implied consent. In this case, there was also the declaration of acceptance of the inheritance given by the appellant’s author before the judge of Lausanne on 26 March 1981, which shall not produce the effects of a deed of acceptance of the inheritance, as it was given after the expiry of the 6-month time limit provided for under article 700 of the Civil Code.