From self-employment
Self-acquisition means that upon the death of the testator, the inheritance accrues automatically to the heir . It depends neither on the knowledge of the heir, nor on any related action by the heir or a third party, Section 1922 (1) BGB . So you can become an heir against your own will. Likewise, the action of an authority such as a court or a notary is not necessary. By law, the acquisition occurs automatically at the time of death.
Self-acquisition is a characteristic of German inheritance law . It avoids stray , "dormant" discounts, so the hereditas iacens , for example, in the Austrian legal system with the probate proceedings occurs that the Einantwortung is completed, after which merges the inheritance to the heir.
The German law but allows the heirs, the inheritance refuse ( § 1942 paragraph 1 BGB.); in this case, the inheritance of the estate is fictitious and the self-acquisition occurs retrospectively with the person who would have been the heir had the person not been living, § 1953 BGB.
Self-acquisition is not identical to universal succession ( universal succession ), although both principles are regulated in § 1922 BGB. If self-acquisition concerns the type of acquisition, the principle of universal succession regulates the scope .
See also
literature
- Karlheinz Muscheler : Universal succession and self-acquisition. Mohr Siebeck, 2002, ISBN 3161478290 .
