Derecho español sucesiones

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CONTENTS

1. INTRODUCTION
2. CONCEPT OF SUCCESSION

1. THE HERITAGE
2. THE CAUSE
3. HEIRS

1. TYPES OF SUCCESSION

1. SUCCESSION TESTAMENT

1. TYPES OF WILLS

1. INTESTATE SUCCESSION
2. ACCEPTANCE OF THE INHERITANCE

1. ACCEPTANCE OUTRIGHT
2. ACCEPTANCE UNDER BENEFIT OF INVENTORY

1. THE DISINHERITANCE

4.THE LEGITIMATE

4.1 CONCEPT

4.2 FORCED HEIRS

4.3 WAIVER OF LEGITIMATE

1. INTRODUCTION

The inheritance law, usually cause problems for most people, at a certain point in their lives, what fate posed to their property from the time of his death, in order to protect the interests of their loved ones (spouse, children, etc.).

In Spain we have a plurality of legal systems applicable in this area.

Facing the Civil Code there is also special regimes on succession in Aragon, Navarra, Balearic Islands, Catalonia, Galicia and the Basque Country.

To understand succession law must take into account some basic ideas of the right to Spanish family.

The family is defined as the social unit of two or more persons related by blood, marriage, or adoption and Having a shared commitment to the mutual relationship.

In legal terms That We Have to point the family is a social institution, That Being regulated by law Becomes a legal institution.

Are constitutive of family law standards organization of basic and family relationships to resolve Conflicts of Interest That May Arise Within Those relationships. Are not part of the family law relations That interest but objectively it to protect family Understood That part of other fields (tax law). Family law is part of Private Law (privacy of the Individual). This does not stop some family interests are subject to public law (large families, eg).

In the Spanish Constitution there are two Articles about family: 32 and 39.

Article 32:

Man and woman:

1. Have the right to marry With Full equality.

2. The law Shall Regulate the forms of marriage, the age and capacity for concluding it, the rights and duties of the spouses, the grounds for separation and dissolution and Their Effects.

Article 39

1. The public Authorities Ensure social, economic and legal protection of the family.

2. The public Authorities Likewise Ensure full protection of children, Who are equal before the law Regardless of Their parentage, and of mothers, whatever Their marital status. The law Shall Provide for the investigation of paternity.

3. Parents must Provide assistance of every kind to the children born in or out of wedlock, During His minority and in other cases in Which law is applicable.

4. Children Shall enjoy the protection provided for in international agreements Their Which safeguard rights.

There are other articles: such as 18, 27 and 50 also speak About That some aspects related with family.

Article 18 speaks of family privacy. Article 27 Recognizes the right of the parents to the education of children and article 50 Establishes the existence of family Obligations in Connection with the elderly.

2. CONCEPT OF SUCCESSION

The right of succession upon death responds to the need to identify the destination of communicable legal relations of a deceased person. The Spanish Civil Code recognizes that the tested and intestate succession is one of the means of acquiring and transmitting property and other property rights, but the objective basis of succession also affect the obligations of a person who is not extinct by his death.

Having to regulate the fate and destiny of the legal relations of a deceased person, private law must meet a series of concurrent circumstances: what goods leaves a person, which debts, who are his close relatives if he leaves expressed the causing his last will, etc. ...

The order of succession runs as follows:

• Death of the deceased.

• Opening of the succession.

• Call to inheritance.

• Acceptance of the inheritance.

• Acquisition of inheritance.

2.1 HERITAGE

The Spanish Civil Code describes the inheritance as follows: "The inheritance includes all assets, rights and obligations of a person who is not extinguished by his death (Article 659.). He adds: "The heirs succeed the deceased, by the mere fact of his death, in all its rights and obligations". (Art. 661)

2.2 THE CAUSE

It is the deceased

2.3 HEIRS

Universal heir: This occurs when the person bears all property and inheritance rights in integrated so the heir becomes the continuation of the "legal personality" of the deceased.

Particular heir succession in a private capacity is one in which the deceased outside institute or not one or more heirs your assets will be divided, also designates one or more legatees, which transmits specific goods or rights that are part of their heritage.

3. TYPES OF SUCCESSION

3.1 Succession Testament

It occurs when the opening of the succession the contents of your inheritance will last, or what is the same occurs for the sake of which will cause before his death, manifests and entered in a will, the destination should be given the whole of your estate have.

Interpreting the testament:

Under the Civil Code Any testamentary provision is interpreted in accordance with the literal meaning of his words, UNLESS was another show clearly that the testator.

If in doubt, it will be to the appears more consistent with the testator (Art. 675 CC).

3.1.1.-Types of Wills:

Common wills: they shall be eligible for any person, without being required to attend certain circumstances budget mode. However, there are some common -testamentos exceptional- variants that do require for granting, certain subjective conditions are met in the person of the testator:

Testament in danger of death (Art. 700).

Epidemic Testament (Art. 701).

In turn, the common wills may be:

Open. It is one in which the testator expresses his will in the presence of people who must approve the act, leaving you aware of what he has.

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