Articles 1,010, section 2, 1,014 and 1,015 of the Civil Code incorporate the figure of the alleged right to
conscious: the privilege of the call to an inheritance to conclude whether to acknowledge or deny it, after the
notarial development of inventory of products, rights, inheritance charges and debts.
After this notarial development of inventory, the call to the inheritance will as of now have - at any rate on a basic level
- the exact data on the patrimonial situation of the inheritance and a legitimate conclusion can be shaped to conclude whether to acknowledge the inheritance to which it is called (utilizing the benefit of inventory), or on the other hand denies it and doesn't become beneficiary.
The means to follow for the call to an inheritance that needs to utilize its entitlement to ponder or straightforwardly acknowledge the inheritance for the benefit of inventory are incidental, and start with the correspondence that the
call should direct to the public accountant who is capable to inventory arrangement; correspondence in which the development of a notarial inventory must be mentioned with a summons to the lenders and legatees so they come to observe it on the off chance that it suits them.
In the event that the call to inheritance currently possesses the inheritance or part of it, it must inform its expectation to
utilize the option to ponder or the benefit of inventory inside a time of thirty days from the date on
which it implies to be such beneficiary (article 1,014 of the Civil Code), accordingly having sureness of his allure.
If the call isn't in the ownership of the inheritance, the term to demand the development of
inventory will likewise be thirty days, figured for this situation from the day the call had acknowledged the inheritance or
had overseen it as beneficiary. (Article 1,015 of the Civil Code), or from the day after the termination of the period
that has been set to acknowledge or revoke the inheritance by the invested individuals alluded to in Article 1,005
of the Civil Code, which we talk about underneath .
In the event that the call isn't in the ownership of the inheritance, has not acknowledged it, nor has it been required to acknowledge
(acceptation succession)
or on the other hand renounce it, it might utilize the benefit of inventory, with or without the option to consider, as long as the
activity to guarantee the inheritance doesn't endorse .
IV. The purported interpellatio or interrogatio in iure
As indicated by article 1,005 of the Civil Code, any invested individual that demonstrates his enthusiasm for a call to the
inheritance to acknowledge or renounce it, plainly and explicitly, may go to the public accountant with the goal that he conveys to the
call that he has a time of thirty schedule days to acknowledge the inheritance purely and just or for inventory
benefit, or to officially deny it. On the off chance that the will to the inheritance doesn't communicate its will inside the term,
it will be comprehended that the inheritance is acknowledged in a straightforward as can be way, with the results in wording
of ultra vires hereditaries duty of the beneficiary to which we have recently referenced.
The Civil Code we are managing manages the figure of innate interpellation or
interpellate or cross examination in iure, or the personnel of the invested individuals (chiefly lenders of the inheritance or of the call to it) to encourage who is called to an inheritance to acknowledge or renounce it, subsequently explaining the lawful situation got from the expired's demise.
In any case, the call to an inheritance may not be required to be acknowledged or renounced until nine days have passed since the demise of the expired whose
inheritance is concerned.