Il Diritto degli Affari (Aug 2021)

La tutela degli acquisti dall'erede apparente. Un breve profilo storico-comparatistico

  • Paolo Rondini

Journal volume & issue
no. 2
pp. 188 – 207

Abstract

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This paper provides a survey of the legal status of the possessor pro herede in mainland Europe in the late 19th century. As a result of the transition from the law system of the Ancien Régime to modern codifications, the position of the apparent heir and the bona fide holder began to be considered in a new way. The drafting of the civil codes enabled European legislators, doctrine and jurisprudence to reconsider how law could secure and guarantee the rights of the real heir and third parties who acquired real rights to inheritance goods towards the legal acts carried out by the apparent heir.