Some reflections regarding the consideration of the rights and obligations extinguished by confusion after the inclusion of sold legacy

Abstract

The selling of legacy is presented as a private legal business fixed on the general norms of the trade contract, but with clear links to the norms of Law of succession. In this sense our purpose in this article is to analyze the way in which Roman Law tried to resolve and regulate all the situations that manifested once an inheritance has been obtained and at the same time existed credit rights extinguished by confusion (confusio) between the heir and the originator. The Roman jurists had to look for answers to these cases and for that, they differentiated two distinct situations in function of the heir if he/she was worthy of the originator or if, on the contrary, he would have been his debtor. Following this scheme, we will try to examine both hypothesis of confusion in relation with the selling of legacy.