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Libros > Derecho / Civil / SUCESIONES > Spanish succession law

Spanish succession law

Spanish succession law
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  • ISBN: 9788413596556
  • EAN: 9788413596556
  • Editorial: Colex
  • Fecha de la edición:
  • Nº Pág.: 222

Materias:

Colección: Monográfico

Idioma: Ingles

Which are the main ways of deferring inheritance in Spain? Does a last testament and will have to be granted before a public notary? Which of the various existing regulations in Spain applies to the deceased? These are some of the questions that this book (Spanish Succession Law) tries to answer.

Written in a direct and agile style, this book explains all the essential concepts of Spanish Succession Law: the principles that govern it, the different stages in which an inheritance can be found and the way to divide it, the different types of wills and the criteria for their interpretation, the reserved share, the collation, the legacies and bequests, the substitutions... Covering all the Succession Law, while making reference to the foral specialties, allows the reader to have a complete knowledge of the rules which govern successions in Spain. It is, in short, a valuable work for legal practitioners, academics and students.


I. SUCCESSION AND SUCCESSION LAW

CHAPTER 1. SUCCESSION AND SUCCESSION LAW

§1. MORTIS CAUSA SUCCESSION AND THE LAW OF SUCCESSION

§2. THE PRINCIPLES OF SPANISH INHERITANCE LAW

§3. INHERITANCE AND THE RIGHT TO INHERIT. COMPOSITION OF THE ASSETS OF THE ESTATE

§4. TYPES OF SUCCESSION AND SUCCESSORS: THE HEIR AND THE LEGATEE

CHAPTER 2. STAGES OF HEREDITARY SUCCESSION

§5. STAGES OF HEREDITARY SUCCESSION: OPENING, NOTICE, OFFERING AND ACCEPTANCE

A) Introduction

B) Opening of the succession

C) Notice to prospective heirs

D) Offering

E) Acquisition of the inheritance. Systems. Civil Code regime

§6. POSSIBLE INHERITANCE SCENARIOS

§7. THE RECUMBENT INHERITANCE

§8. TAKING POSSESSION OF INHERITED ASSETS

CHAPTER 3. CAPACITY TO INHERIT

§9. GENERAL REQUIREMENTS TO INHERIT

§10. ABSOLUTE INCAPACITIES AND THE SUCCESSOR’S SURVIVAL OF THE DECEDENT

§11. PROHIBITIONS ON, OR BARS TO, SUCCESSION

§12. UNWORTHINESS: CHARACTERISTICS, CAUSES, TIME, EFFECTS AND REINSTATEMENT OF THE UNWORTHY PERSON

A) Concept and characteristics

B) Causes

C) Time at which disqualification is determined

D) Effects

E) Reinstatement of the unworthy person

§13. THE LOSS OF INHERITANCE RIGHTS

CHAPTER 4. OFFERING OF THE INHERITANCE

§14. THE RIGHT TO ACCEPT OR REJECT. TYPES OF APPEALS

§15. RIGHT OF TRANSMISSION

§16. RIGHT OF REPRESENTATION. CONCEPT, BASES, EFFECTS

§17. RIGHT TO INCREASE; RIGHT OF ACCRETION. CONCEPT, BASES AND EFFECTS

CHAPTER 5. ACCEPTING AND REJECTING AN INHERITANCE

§18. ACCEPTANCE AND REJECTION: GENERAL THEORY

A) Definition and premises

B) Common features

C) Capability and legal entitlement

D) Time limit for accepting or rejecting. Notarial questioning and right to deliberate

§19. ACCEPTING THE INHERITANCE

A) Definition and manner

B) Acceptance of the inheritance and liability of the heir

§20. REJECTING THE INHERITANCE

A) Definition and manner

B) Effects

C) Rejection to the detriment of creditors

§21. ACCEPTANCE WITH BENEFIT OF INVENTORY

A) Definition and general effects

B) Application, manner and deadlines

C) Compiling the inventory

D) The administration of the inheritance

E) Payment of inheritance liens

F) Loss of benefit of inventory

§22. CLAIMING THE INHERITANCE

CHAPTER 6. COMMUNITY OF HEIRS

§23. CONCEPT, NATURE AND CHARACTERISTICS

§24. LEGAL STATUS OF THE COMMUNITY OF HEIRS

A) Normative sources

B) Subjects

C) Object

D) Rights, entitlements and obligations of co-heirs

E) Dissolution

CHAPTER 7. THE DIVISION OF AN ESTATE

§25. DIVISION: CONCEPT; THE RIGHT TO DIVIDE; THE ABILITY TO REQUEST DIVISION

§26. STANDARD OPERATIONS IN DIVISION: INVENTORY, APPRAISAL, LIQUIDATION, FORMATION OF LOTS AND DISTRIBUTION

§27. TYPES OF DIVISION: DIVISION EFFECTED BY THE TESTATOR, BY AN ESTATE DISTRIBUTOR, BY CO-HEIRS, BY AN APPOINTED ESTATE DISTRIBUTOR, BY A THIRD PARTY AND BY AN ARBITRATOR. JUDICIAL DIVISION

A) Division effected by the testator

B) Division effected by an estate distributor

C) Division effected by co-heirs

D) Division effected by an appointed estate distributor

E) Division effected by a third party and by an arbitrator

F) Judicial division

§28. EFFECTS OF DIVISION: TERMINATION OF THE COMMUNITY OF HEIRS AND THE OBLIGATION TO PROVIDE WARRANTIES OF GOOD TITLE AND AGAINST HIDDEN DEFECTS

§29. INEFFECTIVENESS OF DIVISION. RESCISSION DUE TO INJURY. ADDITION AND MODIFICATION

A) Ineffectiveness of division

B) Rescission due to injury

C) Partial and additional division

CHAPTER 8. COLLATION

§30. CONCEPT AND BASIS

§31. SUBJECTIVE REQUIREMENTS

§32. OBJECTIVE REQUIREMENTS

A) Collatable and non-collatable assets

B) The determination of the value of the assets and fruits

C) Effects of the collation

II. TESTAMENTARY SUCCESSION

CHAPTER 9. THE LAST WILL AND TESTAMENT; TYPES OF WILLS

§33. CONCEPT AND CHARACTERISTICS

A) Concept

B) Characteristics

§34. CAPACITY TO GRANT A WILL

A) General rule and prohibitions

B) Prohibition owing to age

C) Prohibition owing disability

§35. TYPES OF WILLS

A) Introduction

B) Ordinary notarial wills

C) Holographic wills

D) A note on special wills

CHAPTER 10. THE CONTENT OF THE WILL (I): THE HEIR

§36. THE APPOINTMENT OF THE HEIR

§37. THE ACTION OF PETITION FOR INHERITANCE

§38. LIABILITY OF THE HEIR BEFORE THE DEBTS AND BURDENS OF THE INHERITANCE

§39. DISPOSAL OF THE INHERITANCE: EFFECTS

§40. PROOF AND REGISTRATION OF THE RIGHT OF THE HEIR

CHAPTER 11. THE CONTENT OF THE WILL (II): LEGACIES

§41. CONCEPT AND CHARACTERS OF THE LEGACY

§42. SUBJECTS

§43. OBJECT

§44. ACQUISITION OF THE RIGHT TO THE BEQUEST

§45. ORDER OF PRIORITY FOR PAYING LEGACIES

§46. FAILURE AND EFFECTIVENESS OF THE BEQUEST

§47. TYPES OF LEGACIES REGULATED IN THE CIVIL CODE

A) Legacies of property belonging to the testator

B) Legacies of property not owned by the testator at the time of his death

C) Credit and debt legacies

D) Other legacies

CHAPTER 12. THE CONTENT OF THE WILL (III): THE SUBSTITUTIONS

§48. CONCEPT AND TYPES OF SUBSTITUTION

§49. ORDINARY OR VULGAR SUBSTITUTION

§50. PUPILLARY SUBSTITUTION

§51. FIDEICOMMISSARY SUBSTITUTION

A) Concept

B) Types

C) Ordinary fideicommissary substitution

CHAPTER 13. INTERPRETATION, INEFFECTIVENESS AND EXECUTION OF A WILL

§52. INTERPRETATION OF A WILL

§53. DEFECTS IN CONSENT

§54. REVOCATION OF A WILL

A) The power to revoke: essential characteristics and grounds

B) Types

C) Effects

§55. INVALIDITY AND LAPSE OF A WILL

A) Grounds for invalidity

B) The action of voiding a will

C) Effects

D) Lapse

§56. CARRYING OUT THE WILL: THE ROLE OF THE EXECUTOR

A) Duties of the executor and characteristics of the role

B) Capacity, designation and powers of the executor

C) Conclusion of the executor’s role

III. THE RESERVED SHARE

CHAPTER 14. LIMITS OF THE TESTAMENTARY WILL: RESERVED SHARES AND RESERVATIONS

§57. THE RESERVED SHARE IN THE SPANISH CIVIL CODE: CONCEPT AND NATURE

§58. BENEFICIARIES AND AMOUNT OF THE RESERVED SHARE

A) Beneficiaries

B) The reserved share of the descendants. The betterment

C) The reserved share of the ascendants

D) The reserved share for the widowed spouse

§59. CALCULATION AND PAYMENT OF THE RESERVED SHARE

A) Calculation of the reserved share. Donation, computation and allocation

B) Payment of the reserved share

§60. THE INTANGIBILITY OF THE RESERVED SHARE

A) Concept

B) Qualitative intangibility

C) Quantitative Intangibility

§61. PRETERITION

A) Concept, requirements and types

B) Effects

§62. DISINHERITANCE

A) Concept, requirements and types

B) Effects

§63. RESERVATIONS

A) General ideas

B) The widowed spouse reservation

C) The reservation of lineal relatives

IV. THE INTESTACY AND SUCCESSION AGREEMENT

CHAPTER 15. INTESTACY. SUCCESSION AGREEMENT

§64. INTESTACY

A) General description

B) Cases in which intestacy occurs

C) General rules for appeals

D) The order of succession

§65. SUCCESSION AGREEMENT

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