Question from a reader:
I have a question regarding inheritance under civil law. Article 921, item 3 states, “However, this does not apply after the heir who has become an heir by renouncing the inheritance has approved the inheritance.” Regarding this part, I understand that if someone has renounced their inheritance but then engages in acts of concealment or other acts
of bad faith, it can lead to legal simple approval. However, I do not quite understand why it is phrased as a proviso and what its significance is. I apologize for the naive question, but I would appreciate it if you could explain.

What is the significance of Article 921, Item 3 of the Civil Code? The Complex Relationship Between Renunciation and Approval of Inheritance

Inheritance is a theme that everyone will inevitably encounter at some point in their lives. In particular, questions regarding Article 921, item 3 of the Civil Code highlight the difficulties surrounding renunciation and approval of inheritance. As someone who works part-time at a judicial scrivener’s office, I find this issue intriguing and sometimes confusing as I study it.

Renunciation of Inheritance and Acts of Concealment

First, let’s take a look at Article 921, item 3. The phrase “However, this does not apply after the heir who has become an heir by renouncing the inheritance has approved the inheritance” can be difficult to understand, especially for those seeing it for the first time. The background of this provision is that a person who has renounced their inheritance can later accept their rights as an heir again. For example, if Mr. A passes away and his child, Mr. B, renounces the inheritance, later on, if Mr. B wishes to accept the assets of the deceased Mr. A, approval becomes possible under Article 921, item 3. This is where acts of concealment come into play. Generally, a person who has renounced an inheritance cannot receive it. However, if Mr. B, while having renounced the inheritance, engages in acts to conceal the assets that Mr. A possessed, what happens then? Such acts of bad faith would legally be considered as simple approval. In other words, Mr. B would be regarded as having accepted the inheritance again due to his own actions.

Considering the Significance of the Proviso

Now, let’s think about the significance of the proviso in Article 921, item 3. Why is it stated as “this does not apply”? This is not merely a legal technique but an important point that relates to the entire inheritance system. Renunciation of inheritance is a means to avoid the risk of the deceased’s estate being burdened by debts. By allowing heirs to freely renounce, they can avoid taking on burdens. However, if after renouncing, that person could approve the inheritance themselves, the meaning of renunciation would be diminished. In other words, if someone who renounced later thinks, “I actually wanted the inheritance,” and can receive the assets again, it raises ethical concerns. Specifically, there are situations where one heir has renounced, allowing other heirs to have the right to receive that portion of the estate. If the renouncing person later approves, it could infringe upon the rights of the other heirs. Therefore, the proviso is established to respect the system of renunciation and protect the rights of other heirs.

Real-World Case Study

Let’s consider a real-life example. For instance, Mr. C had the right to receive his grandfather’s estate but chose to renounce it due to significant debts. However, it was later discovered that Mr. C had concealed part of his grandfather’s estate. In this case, does Mr. C lose the right to receive the estate even after renouncing it? The important point here is how Mr. C’s act of concealment is treated legally. If there is evidence that Mr. C engaged in this act, it would likely be considered simple approval legally, and the renunciation itself could become invalid. This illustrates how complex the relationship between renunciation and approval of inheritance can be.

Conclusion

The significance of the proviso in Article 921, item 3 exists to uphold the rules of renunciation and protect the rights of other heirs. Therefore, if you are considering renouncing an inheritance, it is essential to carefully assess whether that choice is truly correct or if you should consider the possibility of later approval. Through my part-time work at the judicial scrivener’s office, I have encountered various cases related to inheritance. Sometimes they are complex and difficult to understand. However, by learning about the legal background, I believe I can gain a deeper understanding. I want to continue addressing inheritance issues by utilizing my knowledge of law and psychology, as inheritance matters are not just someone else’s problem; they can affect anyone at any time.