Does article 48 of the Succession act establish a presumptive liability for heirs by law?
Keywords:
acceptance of inheritance, burden of proof, liability of heirs, legal presumptionAbstract
The paper argues against the common interpretation of Article 48 of the Succession Act, which suggests that heirs by law are responsible under Article 60 from the moment the succession opens until they accept or renounce the inheritance. It is reasonable to state that, under the current system, until the designated heir expresses their intent to accept the inheritance, it remains unclaimed, leaving the rights and obligations of the property uncertain.