Some reflections regarding the consideration of the rights and obligations extinguished by confusion after the inclusion of sold legacy
Autor
Jiménez Salcedo, Carmen
Editor
University of SofiaFecha
2020Materia
Extinguishing of obligationsLegacy selling
Credits confusion
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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.