Sulla rinuncia all'eredità e sull'ammissibilità di una revoca tacita della rinuncia

[Autom. eng. transl.] With the decision examined by the author, the Sixth Section of the Civil Cassation returns to the subject, already treated with alternating results from the jurisprudence of legitimacy, of the form required for the revocation of the renunciation of the inheritance as well as on the subject of the persistence of the delation in the head of the renunciate , despite the formalization, on his part, of the renunciation shop pursuant to art. 519. On the basis of the provisions of art. 525 of the Italian Civil Code, the sentence comes to affirm the admissibility of a tacit revocation of the waiver. Investigating the reasons underlying the interpretative approach adopted by the Supreme Court in the decision in question, a critical reading is proposed, adhering to the different approach that requires an express form of the waiver, and the hope is expressed for a ruling in the United Sections which , following up on the contrast report made by the Ufficio Massimario in 2012, unifies the two conflicting addresses registered in the matter.