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The death put an end to the legal capacity of the person and the rights belonging to it, that are, personal rights, but not the property rights to be transmitted to the others.
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The many rules that govern this transfer are called the law of inheritance or succession:
The opening of the sequence
1. THE OPENING OF SUCCESSION: The sequence opens at the time of death in the place of last domicile of the deceased. The heir to replace legal in all circumstances relating to the deceased, for both activities, and for liabilities. Italy ART. The legacy 457 CC is assigned by law or by will, in absence of a will, the inheritance will be distributed according to the principle of legitimate succession that under Articles. 565 et seq. CIVIL CODE
2. LEGITIMATED SUCCESSION: The legal system allows the individual to place their own right, through a will. If the individual has not placed in all or part of its assets, the law intervenes to indicate the practice and therefore in the way that will be assigned and distributed, and applies the so called intestate succession.
Absence of a will, intestate succession ARTICLES. 565 586 of the Civil Code In this case the assets of the deceased must be allocated and distributed. It is also used when the deceased has placed only a portion of its assets.
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In the absence of heirs inherits is devolved to the State which is not liable for debts and legacies inherited more than the value of goods purchased. ART. 565 of the Civil Code ART. 565 of the Civil Code Identifies the subject or belonging to the family of the deceased that the law establishes as his heirs in the absence of a will, the spouse, children, taking into account the legitimate ones that are matched to the natural ones, legitimized and adopted, legitimate ascendants, ( father, mother, grandfather, grandmother), collaterals, other relatives within the sixth degree, the State ...