Successory capacity

Abstract

The succession is opened following the death of the natural person or the declaration of his death by the court. The opening of the succession is the legal consequence of the death of the natural person and produces the effect of the legal transmission of his patrimony to the legal or testamentary heirs, implicitly marking the moment when the legal provisions regarding the institution of inheritance start to act. Before the opening of the inheritance, it is not possible to speak of heirs or succession patrimony, the living person being the holder of his patrimony, and the heirs are to be determined only at the date of opening the inheritance. JEL: K11, K15.