Skip to main navigation menu Skip to main content Skip to site footer
Submitted April 19, 2023
Published 2023-04-19

Artículos

Vol. 4 No. 2 (2023): Revista Colegiada de Ciencia

HEREDITARY PARTITION IN SUCCESSION PROCESS


Cover image

Citación:
DOI: ND

Published: 2023-04-19

How to Cite

Hernández Urieta , L. Ángel, & Hernández Rodríguez , N. (2023). HEREDITARY PARTITION IN SUCCESSION PROCESS. Revista Colegiada De Ciencia, 4(2), 29–37. Retrieved from https://revistas.up.ac.pa/index.php/revcolciencia/article/view/3720

Abstract

This scientific article focuses on the analysis of the most relevant aspects related to the sale or transfer of hereditary rights, taking into consideration that it is a formal contract, written in a public deed, where a person called the assignor, without transmitting his quality of heir is obliged to transfer the inheritance received from the deceased or the situation arises where he transfers the share he has as heir to another assignee.  In a hereditary right assignment contract, the assignee is empowered to appear in succession proceedings and assert the assigned hereditary rights and to be recognized as an heir and thus request that the corresponding property or real estate be awarded. The assignee can be a third person or another heir. When an heir receives and accepts an inheritance, he may choose to assign his inheritance rights. The hereditary right is the patrimonial right that a person holds over the assets of another due to the fact of the death of the latter, by virtue of legal title. Therefore, an heir who has accepted an inheritance, and before the participation in it had been made, can assign his hereditary rights, but does not transmit his quality of heir, but simply assigns his proportional part of the inheritance as a universality. Likewise, it should be noted that the assignment does not consist of the specific assets that could correspond to the heir, but rather the entire economic content, active and passive, of the inheritance granted in favor of the heir-transferor is transmitted. It is important to mention that in this type of contract the figures of the transferor heir and the transferee are determined and also the situation of the presumed heir before and after the death of the deceased is taken into consideration; In addition, the obligations of the assignor, the assignee and all the regulation of the matter are also deepened.

Downloads

Download data is not yet available.