Cassinelli Studio Legale successfully assisted a securitisation company by filing a petition pursuant to Article 281-decies of the Civil Procedure Code before the Court of Lodi.
The claimant brought the matter before the judicial authority seeking a declaration that an heir had validly accepted an inheritance, despite having done so through an unauthenticated private deed (within proceedings under Article 481 of the Civil Code), which could not be registered and which the party in question refused to regularise voluntarily.
The Court, having first acknowledged the company’s legitimate interest in pursuing the claim – linked to the potential satisfaction of its claim through the inherited real estate assets – recalled that “tacit acceptance of inheritance requires two conditions: the performance of an act that necessarily implies the intention to accept, and the characterisation of that act as one that may only be undertaken by someone who qualifies as an heir.”
Given this, the Court stated: “Although it is true that there is express acceptance of inheritance whenever the entitled person assumes the status of heir in a private deed – being an autonomous, unilateral, and non-notified legal act (see Civil Court, Order 21/09/2020 No. 19711) – for such acceptance to be registrable, judicial ascertainment is essential.”
The defence was handled by Nicola Cassinelli together with Matteo Boccardo.