La impugnación de la aceptación de herencia por error (deuda sobrevenida): ¿un parche temporal o la solución al problema de la responsabilidad ultra vires?

Resumo

In this paper we will re-analyse the challenge to the acceptance of the inheritance due to error, a remedy whose validity has recently been confirmed by the Supreme Court in its Judgment of 15 March 2021. This ruling will serve as a basis for commenting on more theoretical aspects (such as legal nature and requirements) and also practical aspects (dies a quo and effects) of the legal action derived from articles 997 and 1301 CC, which will lead us to reconsider whether this is the best solution for the phenomenon of unknown or supervening inheritance debts or whether, on the contrary, a legislative reform on the matter is preferable