Hibah dan Warisan Sebagai Peralihan Hak Dalam Hubungan Keperdataan Keluarga

Gifts and inheritance are mechanisms for transferring rights to wealth that are closely linked to civil relationships within the family. Although both result in a transfer of rights, gifts and inheritance have different foundations and timings. Gifts are legal acts carried out while both the giver and receiver are still alive, whereas inheritance happens because of death. This study aims to analyze the position of gifts and inheritance as forms of rights transfer in family civil relationships and their connection to obligations law. The research uses a normative juridical method with statutory, conceptual, and case approaches. Primary legal materials include the Civil Code and relevant court decisions, while secondary legal materials come from books and legal journals. The results of the study show that gifts are legal acts that create legal consequences for the giver's property rights, while inheritance is a legal consequence of the death of the testator. The implementation of gifts still has limitations when it comes to the rights of heirs, especially the absolute portion or legitieme portie. Therefore, transferring rights through gifts and inheritance must pay attention to the validity of legal acts, certainty of ownership, and protection of the rights of interested parties.