On the character of petition of inheritance as an action for condemnation

Abstract

The article treats the question of the character of the petition of inheritance (petitio hereditatis) and the judicial remedy behind it – for condemnation or for declaratory judgment. Historically, the petition of inheritance is traced back to Roman law. From there it has been retained in pan European Jus commune and in German Pandectenrecht. Now is has a close in content reglamentation in Italy and Germany, whereas in France and Bulgaria it does not have statutory regulation. In the article it is argued that petitions of inheritance, mentioned in the rule for forum succectionis jurisdiction of art. 110, sec. 1 of Bulgarian Civil Procedure Code, are successors of Roman law petitio hereditatis and are actions for condemnation. Moder Bulgarian doctrinal opinions, claiming that these actions are for declaratory judgments, is critically examined.