Contents : Schuster, Ernest Joseph: ¬The principles of German civil law

STATUTORY  RIGHT  OF  INHERITANCE
591
If  A  had  to  account  for  £10,000  he  would  be  left
out  of  account  ;  #4,000  (being  the  aggregate  value
of  gifts  made  to  B  and  C)  would  be  added  to
E15,000,  making
£19,000
—
—
B  would  receive  £9,500—  £1,000.
8,500
C  would  receive  £9,500—£3,000
6,500
£15,000
—
Any  person  who  has  to  bring  gifts  into  hotchpot  must  give
information  to  all  interested  persons  as  to  the  particulars  of  such
gifts—B.G.B.  2050,  2055-2057.2
Where  several  shares  are  received  by  one  person  under  separate
titles  (e.  g.  where  any  issue  represents  several  stirpes),  the
hotchpot  liability  is  considered  separately  for  each  share;  the
addition  to  a  share,  brought  about  by  the  lapse  or  forfeiture  of
another  share,  is  for  this  purpose  deemed  a  separate  shareB.G.B. ¬
  1935.
2.  RENUNCIATION  OF  STATUTORY  RIGHT  OF  INHERITANCE
479.  Any  person  may  by  a  publicly  certified  agreement
with  another  renounce  his  rights  to  a  statutory  portion  in  the
estate  of  such  other.3  Such  an  agreement  is  called  Erbversicht
(renunciation  of  inheritance).  Where  the  renouncing  party  is
one  of  the  kindred  of  the  party  to  whose  estate  the  renunciation
refers,  the  renunciation  extends  to  the  issue  of  the  renouncing
party  unless  the  contrary  is  shown.  Where  the  renunciation  is
made  in  favour  of  any  other  person  it  is,  in  the  absence  of
a  contrary  stipulation,  inoperative  in  the  event  of  such  other
person  being  deprived  of  or  forfeiting  his  own  right;  where
a  general  renunciation  is  made  by  any  issue  of  the  person  to  whose
state  the  renunciation  refers,  it  is  presumed  to  be  made  in  favour
the  deceased  had  died  at  the  date  of  the  gift,  would  not  have  been  a  statutory
heir,  is  not,  in  the  absence  of  a  contrary  direction,  to  be  brought  into
hotchpot—B.G.B.  2051  (1),  2053.
2  As  to  gifts  made  out  of  common  property  by  spouses  living  under  any
régime  of  community  of  goods  sec  B.G.B.  2054.
3  The  party  to  whose  estate  the  renunciation  refers  must  execute
the  agreement  in  person,  unless  he  is  incapable  (93),  in  which  case  his
statutory  agent  may  act  on  his  behalf;  if  he  is  of  restricted  capacity  the
concurrence  of  the  statutory  agent  is  dispensed  with.  If  either  party  is
under  guardianship  the  leave  of  the  Court  is  required  ;  if  either  party  is
under  parental  control,  the  leave  is  required  unless  the  parties  are  spouses  or
intending  spouses.
            
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