The Directorate General for Legal Certainty and Public Faith establishes that a pure and simple renunciation of an inheritance does not trigger the right of representation for the renunciant's descendants (Art. 923 CC). In this instance, the renunciation by the deceased's children caused the share to accrue to other forced heirs by their own right rather than by the right of accretion (Art. 981 CC). The resolution confirms that representation is only possible in cases of disinheritance or incapacity, not in the repudiation of an inheritance (Art. 929 CC).
Heirs deciding to renounce an inheritance must be aware that their descendants will not be able to succeed them through the right of representation in intestate succession (Art. 923 CC). The renunciant's portion will accrue to the other co-heirs of the same degree (Art. 981 CC). This implies that renunciation affects not only the renunciant but also closes the possibility for their lineage to receive what the ascendant abdicates.
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