Repudiation of the inheritance and impution of donations

Abstract

The repudiation of inheritance clause is understood to refer to the fact that repudiation involves the attribution of the donation to the free party because the repudiator does not become legitimate. Faced with the belief maintained by the repudiators that the value of what was donated should be attributed to the legitimate. And this is because repudiation means the will not to inherit, but it does not affect the quality of the legitimator, who has received the donation as legitimate.  

The established heirs who have repudiated the inheritance, by renouncing all their rights in the inheritance, cannot be taken into consideration as legitimators and the value of the donation must be attributed to the free third. Furthermore, according to art. 1036 CC, the collation will not take place among the forced heirs “if the donee repudiates the inheritance, except in the case in which the donation must be reduced as inoffitious”, and this is precisely what happens in the case under analysis.