2.1.199 to 2.1.203

ground of intestacy, he can, either by deliberating or as acting as the heir, or by the mere intention of accepting the estate, become the heir, and he will be free to accept at any time, when he may desire to do so; but the Prætor, on the demand of the creditors of the estate, usually fixes a time within which if the party may enter on it if he wishes; and if he does not, the creditors may be permitted to sell the property of the deceased. (168) But, just as one who has been appointed heir with time for deliberation does not actually become the heir unless he formally accepts the estate, so he will not be excluded unless he fails to make the declaration to that effect within the prescribed time; and, therefore, although before the time has expired he may have decided not to accept the estate, still, by having changed his mind and declared that he will accept, before the time for deliberation has elapsed, he can become the heir. (169) But just as he who was appointed heir without time for deliberation, or who was called to the succession as heir-at-law on the ground of intestacy, becomes heir by the mere expression of his will; so, by a contrary statement he is immediately excluded from the inheritance, (170) Moreover, every period granted for deliberation has a prescribed limit, and in such cases a reasonable time is considered to be a hundred days. Still, by the Civil Law, a longer or a shorter period can be granted, though the Prætor sometimes shortens a longer one. (171) Although the time for deliberation is limited to certain days, still, one kind of limitation is designated common and the other certain; common, being that which we have described above, that is, where the following words: "When he has learned of it, and is able," are added; certain, is that in which other words are written instead of those above mentioned.