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Uphold previous judgments: follow prescribed guidelines
When it comes to the distribution of inheritance, it is crucial to comply with any guidelines or instructions set out in previous judgments. If a prior judgment has determined a specific method, such as value sharing, it is advisable to strictly follow that guideline. Respecting the decisions of previous judgments ensures the consistency and fairness of the distribution process .
The distribution of inheritance requires careful consideration of all previous judgments that have already prescribed specific guidelines. Respecting and adhering to these guidelines, such as value sharing, is essential to maintaining consistency and fairness in the distribution process. By honoring the decisions of prior judgments, the distribution of assets can proceed in a manner that respects legal obligations and promotes fair outcomes for all parties involved.
Draw: the rule of principle in the absence of an agreement
In the absence of agreement between the heirs, drawing lots remains the fundamental principle of inheritance distribution. The judge cannot substitute his own judgment or considerations of fairness or expediency in lieu of a coin toss. Although some trial judges have succumbed to the temptation to derogate from this principle, the Court of Cassation has always confirmed the use of drawing lots (eg Civ. 1re, May 23, 2012).
Today, as in the past, the objectivity of lotteries is often the only solution to the subjectivity and conflicts that arise during inheritance procedures. The draw ensures a fair and impartial distribution of assets among heirs, mitigating potential conflicts and promoting a sense of fairness in the distribution process.
It is important to recognize that the lottery, despite its potential flaws, provides an objective approach to resolving conflicts that may arise during the distribution of an estate. This helps eliminate subjective judgments and personal biases, ensuring an unbiased and fair outcome.
By respecting previous judgments and adhering to the principle of drawing lots, the inheritance distribution process maintains transparency and reduces the risk of litigation between heirs. This approach reflects the case law of the Court of Cassation, which constantly insists on the importance of objectivity and respect for established principles in matters of succession.
