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Succession: legacy to replace legitimate.

  • 01/06/2020

The Court of Cassation, with sentence no. 8195 of 27 April 2020, established that the legitimate, who is the recipient of a legacy in place of a legitimate one, can obtain the part of the hereditary assets due to him under the law rather than keeping the legacy, only after the fulfillment of a charge, consisting in the renunciation to the legacy itself (on this point also, Cassation No. 19646 of 2017 and Cassation No. 13785 of 2004).

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