The legal obligation to apply the increased quota in the venditio hereditatis

Abstract

In accordance with venditio hereditatis there arose the obligation for the party selling to hand over the total inheritance to the buyer, following the traditio system and stipulations established in order to guarantee the buyer habere licere. This obligation was grounded on the regulations of ius adcrescendi, as well as the semel heres semper heres principle and the portio portioni adcrescit, non personae rule. As a consequence, upon purchase of an inheritance, if any asset were to appear which was part of the inheritance, but had not been apparent at the time of the sale, but subsequently, regardless of stipulations, even though these may have been incomplete, the ius adcrescendi would necessarily apply in favour of the heir and one selling the inheritance , who was obliged to hand that asset over to the buyer..