Делимична наследна изјава
Partial Renunciation of Inheritance (Teilausschlagung)

Summary/Abstract: The author examines the scope of statutory prohibition of partial renunciation (or partial acceptance) of inheritance, and looks into possible legal consequences of delivering a partial disclaimer or waiver of one’s share. After a thorough analysis of the legal policies behind proscription of partial statements of inheritance, the author concludes that the existing prohibition concerns only the cases of renouncing a specific object, or a certain percentage of one’s share in inheritance. However, where one heir succeeds to more than one distinct and separate shares of a single inheritance, he may accept or renounce each one of them separately. This situation does not qualify as partial renunciation (or partial acceptance) and therefore, the existing statutory prohibition does not apply. The author also looks into a number of exceptions from statutory prohibition of partial statements of inheritance, and further examines possible legal effects of partial renunciation (or partial acceptance).

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