Debts and inheritance – I give up or do not give up?


Unfortunately I had a financial collapse following the bankruptcy of my sas and I would like to ask if the creditors can attack the house that my father donated with a notarial deed to my son leaving me the habitability.

In the house in question me and my figio we have the residence and is also the only property owned.

I have read that under Article 2900 creditors can ask for the revocation but I understand that it is assumed the inertia of the heir to reclaim the legitimate.

In this case being I in the act of donation present as the holder of the ability and having therefore signed and accepted the deed of donation can I consider myself protected from revocation actions?

At the time of the hereditary call, should I accept my father’s legacy or should I give up?


The revocatory action, pursuant to Article 2901 of the Italian Civil Code, allows the creditor to ask the judge the ineffectiveness of a deed of the debtor’s device aimed at precluding the collection of what is due to him. The deed of gift, of which she refers, was instead arranged by her father that debtor is not. The prescription of the revocation action is five years from the date of the deed transcribed in the public registers.

The day that she was called to the legacy left by her father, the creditor could ask the judge, ex article 2900 of the Civil Code, to replace the legitimate debtor to obtain the reduction of donations made alive by the parent, leading back to the hereditary mass also the property previously transferred to his son. But you can not do it, because you, the legitimate agent should at the same time renounce the right of residence donated by his father and the creditor can not force it, ex lege, to this renunciation (it is clear, the action of reducing donations made in life by deceased could instead be experienced without problems by another coherede).

Again, when she renounced the inheritance left by her father, the creditor could challenge the waiver under Article 524 of the Civil Code to be authorized to accept the inheritance in place of the called debtor who renounces. Therefore she can not renounce heredity.

The notary who has already carefully designed the previous act of donation, as explained in this discussion, will probably advise his father to draw up a will that almost completely excludes the debtor’s son from the inheritance, still allocating a little (just to give an example, one thousand euro ). Now, always on the basis of the provisions of Article 2900 of the Civil Code, the creditor could challenge the will and subrogate to the debtor called to the inheritance, injured in the quota of legitimate, to claim a division of the inheritance that complies with current legislation for successions. But, once again, with legislation and jurisprudence unchanged from the current ones, the creditor will find it impossible to act judicially, because the subrogation of the creditor to his debtor, aimed at requesting the restoration of the legitimacy quota, would be subordinated to a preventive waiver of the debtor to the legate (one thousand euros). What the debtor, of course, will not (and can not be forced to do).

Of course, those thousand euros would then surely be distrained by the debtor: but this would, it seems to me, a lesser evil. Moreover, if his father is the owner of another property could, at most, even leave him a further right of housing (which, as we know, you can not seize).



Leave a Reply

Your email address will not be published.