RENOUNCE INHERITANCE ACCORDING TO THE CIVIL AND COMMERCIAL CODE

Abstract

When an heir inherits an estate, the heir has the right to renounce or disclaim the inheritance they have received. However, for the renunciation of inheritance to be legally effective, it must be done in accordance with the law, particularly in one of the two following ways: making and submitting a written letter to official; or making a contract of renunciation and acceptance of inherence (The Civil and Commercial Code, Section 1612). Renunciation of heritage has retroactive effect to the time that owner of inheritance deceases (the Civil and Commercial Code, Section 1615). As a result, heir who renounces the heritage is never an heir and never receives the renounced heritage at all since the owner of inheritance dies. The heir, therefore, has to return the renounced heritage to the estate. However it is a problem whether returning of the renounced heritage will include returning of the interest of the heritage happened before renunciation or not; and after the heir renounces the heritage; if there is no other heirs to take care of the renounced heritage, who will be the person taking care of the renounced heritage. Due to this reason, there should be additional amendments to Civil and Commercial Code Section 1615 as follows: The renunciation of inheritance by an heir takes effect retroactively to the time of the decedent' s death, but does not affect the rights of the renouncing heir in the inherited property acquired before the renunciation. Additionally, a new section, Section 1615/1, is introduced: The heir who renounces the inheritance is responsible for overseeing the renounced inheritance as if it were their own property until the renounced inheritance is delivered to another entitled heir, or until another entitled heir takes over the management of the renounced inheritance.