Succession Law
Succession Law
Statements Effectively for Themselves
- Recognition of a child
- Appointment of guardian
- Revokes a previous will
- Requirements relating to burial and funeral
Charas
Unilateral (by emission) very personal (by the author, no rep, scroll contains a single person, are not reciprocal or for a 3rd), revocable (irrevocable right before death, partial or total, express or cup), free (no ext forces, physical, moral, and informed consent will know the consequences).
Content Will
Not just an act of transmission of property to appoint a guardian, children recognize, confess debts, outstanding business, education children, arrange burial.
Freedom to Test
The possibility by the testator to transfer their wealth to those who (at their discretion) may seem more convenient, unhindered obligation leaving only the food.
- No obligation when people should give them closest
- No obligation to people who have assets (if they have less product and it is completed)
Disability
Under 16 years habitual or accidental which do not enjoy their right mind except that it involves a person in a lucid interval.
Procedure
Submit a written request to the Judge. The judge shall appoint two physicians. The judge is required to attend may wish to make sure your questions to testamentary capacity.
Institution of Heir
It is the institution made by the testator or those who happen to be universal title will not contain valid although heir is not able, do not accept.
DVD
- To be appointed by name or ID so sign
- Unwillingness to person or thing uncertain
- Not be subject to term
Condition
Its effects are subordinate to the achievement or otherwise of an uncertain future event.
So
How is it going to be the condition / provision in which the testator ordered a charge or charges or imposes an end, or application of all or part of the inheritance?
Cause
Genre or motive determines the decision to establish a person as heir.
Testamentary Substitutions
It is the law of the testator to provide that a person take the place of another who had designated as his heir or legatee.
Together
Someone is missing someone.
Successively
Are called a number one.
Class Species Substitution
Vulgar
When another design can not get to do.
Reciprocal
Is vulgar and replacement of one is a substitute for other.
Pupillary
Custody instituted as heir to his son, and dies appoints his heirs (son) in case he dies before the age of 16 years.
Right to Accretion
Is that which corresponds to the known heirs to inherit jointly when not wanting, it can not do, leaving vacant lots to be distributed among the other.
X Provision of Law
If not all available and will be legitimate.
X Disposition of Testator
Testator envisioned as the vacancy shall be divided.
Legitimate Succession
The law considers replacement of the expression of the will of the testator family wing, is also called by operation of law, in cases specified and show tie in.
- There is no will or is null (missing formality)
- Does not include any property
- Crown fails to comply with conditions imposed
- Crown before the testator dies, divorces, or is unable to inherit
Legitimate Heirs by Succession
Concubine spouse, descendants, ascendants, collateral 4th, charity.
Rules for Suc. Legitimizes
- Relationship by affinity no right to inherit
- Excluding the closest relatives to the remotest
- Pension ascending
- Descendants inherit
- Same degree relatives inherit parts =
Intestate Happen Modes
In capita: when the heir is called to replace directly.
Stirpe: conjunto formed in the offspring of a subject and this takes its place.
By lines: afavorir succession to 2 lines of ancestors (father tongue) without limit of degree.
Order of Succession
Descendants
First right to inherit (conjugal / concubine =)
- Off to the last degree desc = 1cabeza 2estirpe
- Desc = race later degree (without limit of degree)
- Asc desc = desc with asc inherited pension
Ancestors
- Asc and desc = 1pension, 2 inherited
- Asc and spouse = 50% and 50% (need 1 parent inherits all the other)
- Adopters and asc = 50% and 50%
- Spouse adopted and adoptive parents = 1 2/3, 2 1/3
Collateral
Are excluded when there asc and desc.
- Brothers cigars parts =
- Hnos with half double hnos hnos = the half hnos
- Spouse with different side hnos = spouse inherits
- Hnos and nephews and predeceased = lineage head
Concubine
- Concubine with heirs = 50%
- Concubine single 100%
- Inherits several no concubine
Spouse
- 100% spouse alone
- Spouse with desc:
- No assets = parts =
- With higher property does not inherit
- With minor property if it inherits a portion for completing
- Spouse with asc = 50% and 50%
- Spouse with hnos = 2/3 spouse, 1/3 hnos
Public Charity
A lack of previous public charity inherits through the general meeting of the state assistance.