URGENT NOTES ON THE RIGHT OF TRANSFER: A NEGATIVE CRITICISM OF THE SUPREME COURT’S RULING OF 11 SEPTEMBER 2013 AND THE DIRECTORATE-GENERAL OF REGISTRIES AND NOTARIES’ DECISION OF 26 MARCH 2014

Abstract

The author gives a critical analysis of the Supreme Court's ruling of 11 September 2013 on a transfer of the right to accept or reject an inheritance and. the decision given by the Directorate-General of Registries and Notaries of 26 March 2014 to adjust to the ruling. In the author's opinion, the transferee is exercising in his own name the contents of a right he has inherited from another, to whom it originally belonged by virtue of a double retroaction of effects. Furthermore, the author feels that the position the court has established on jus transmissionis entails a strange privilege to the exclusive benefit of the transferor's universal successors and the detriment of the transferors spouse, creditors and persons for whom items of the deceased's estate are reserved.