CHAPTER IV

RENUNCIATON OF AN ESTATE

AND MISCALLENOUS PROVISIONS

 

Section 1610.- When an estate devolves on a minor, or on a person of unsound mind, or on a person incapable of managing his own affairs within the meaning of Section 32 of this Code, and such person has not already had a legal representative or custodian or curator, the Court shall appoint a guardian, custodian or curator, as the case may be, on application of any interested person or of the Public Prosecutor.

 

Section 1611.- An heir who is a minor, a person of unsound mind, or a person incapable of managing his own affairs within the meaning of Section 32 of this Code, cannot, except with the consent of his parents, guardian, custodian or curator, as the case may be, and with the approval of the court, do the following acts :

                  (1) Renounce an inheritance ;

                  (2) Accept an inheritance encumbered with a charge or condition.

 

Section 1612.- Renunciation of an inheritance shall be made by an express declaration of intention in writing deposited with the competent official, or by a contract of compromise.

 

Section 1613.- Renunciation of an inheritance or refusal cannot be merely for a part or made subject to a condition or time clause. Renunciation of inheritance cannot be revoked.

 

Section 1614.- If an heir in any way renounces an inheritance or refuses a legacy with the knowledge that in doing so he prejudices his creditor, the creditor is entitled to claim cancellation of such renunciation or refusal ; but this does not apply if the person enriched by such act did not know, at the time of the renunciation or refusal, of the facts which would make it prejudicial to the creditor ; provided, however, that in case of a renunciation or refusal made gratuitously, the knowledge on the part of the heir alone is sufficient.

After cancellation of the renunciation or refusal, the creditor may apply to the Court for authorisation to accept the inheritance of legacy in the stead and by the right to such heir.

In such case, after payment to the creditor of such heir, the remainder, if any, of his share in the estate shall accrue to his descendants or to the other heirs of the de cujus as the case may be.

 

Section 1615.- The renunciation of an inheritance or refusal of a legacy by an heir relates back, as regards its effect, to the time of the death of the de cujus.

When renunciation is made by any statutory heir, his descendants, provided they are not persons in whose name a valid renunciation has been made on their behalf by their parents, guardians or custodians as the case may be, shall succeed under their own rights and shall be entitled to the portion equal to the share which would have devolved on the renouncer.

 

Section 1616.- If the descendants of the renouncer have acquired inheritance as provided in Section 1615, as regards the property so inherited by his descendants, the renouncer has no right of management and enjoyment as specified in Book V Title II Chapter III of this Code, and Section 1548 shall apply mutatis mutandis.