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The Role of Taking in Testation
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Journal Article
The Role of Taking in Testation
2019
Overview
According to the Civil Code, one of the contracts influenced by taking the property is a will. Taking delivery of the bequest leads to the dominance of the legatee over the property. The legatee can seize and take the bequest even if the bequest has not been taken in practice. By virtue of Article 830 of the Civil Code, as long as the bequest is not taken by the legatee, the legatee can back down on his right to the will. If the legatee rejects the will following the testator's death, the will is invalidated even if the bequest has been unconsciously taken, because a will is only effective if it is approved and accepted. However, the legatee can accept or reject the will as many times as he desires before the testator's death. In addition, if the legatee accepts the will after the testator's death, he cannot reject it even if the bequest has not been taken, because the ownership arises from the approval and it is not invalidated by rejection.
Publisher
الجامعة الإسلامية
Subject
