Can, by itself, purely and simply accept an inheritance?
Emancipation is the marital status of the minor that enables him to govern his person and property as if he were greater, But with certain restrictions. Thus the article 247 of the Civil Code says that "You will not be able to take money on loan, tax or dispose of real estate and commercial or industrial establishments or objects of extraordinary value without consent from their parents and, In the absence of both, without that of his judicial defender. "
Now well, Among those legal limitations by which the emancipated cannot act without the consent of their parents is not mentioned in the acceptance of inheritance, either pure and simply or for the benefit of inventory. Well then, The General Directorate of Legal Security and Public Faith has ruled in this regard, dated 5 December of 2023. Following the principle recognized by the Supreme Court that legal limitations, for its restrictive character, cannot be applied extensively, The General Directorate says that "In order to understand limited the ability of emancipated minor, partition acts cannot be equated and, even less, those of acceptance of inheritance with those of alienation, So it must be concluded that the emancipated minor You can accept the inheritance without the need for the capacity complement ".
