La sucesión por representación y su incidencia en el derecho a la transmisión de la herencia, en las sentencias emitidas por la Unidad Judicial Civil del Cantón Riobamba, en el periodo Enero-Junio 2015.

The present investigation consists on treating the success oral shortly, to be able to know what the heir to universal title is, and to see its application grade regarding the inheritance The successors to universal title called heirs are also those that the entirety or important part of the decease...

Deskribapen osoa

Gorde:
Xehetasun bibliografikoak
Egile nagusia: Mallitasig Moyano, Cristian Fabián (author)
Formatua: bachelorThesis
Hizkuntza:spa
Argitaratua: 2016
Gaiak:
Sarrera elektronikoa:http://dspace.unach.edu.ec/handle/51000/2976
Etiketak: Etiketa erantsi
Etiketarik gabe, Izan zaitez lehena erregistro honi etiketa jartzen!
Deskribapena
Gaia:The present investigation consists on treating the success oral shortly, to be able to know what the heir to universal title is, and to see its application grade regarding the inheritance The successors to universal title called heirs are also those that the entirety or important part of the deceased´s goods happen, as well as they absorb their pending obligations. The heirs are a nomad for the intestate succession and they receive a portion of the goods obligatorily, to this portion is called effective and it is composed by the legitimate of improvements and the legitimate one rigorous. And although almost always, they are the heirs who receive the goods of the inheritance, this is not always completed, since reasons that prevent the heirs to consent to the succession, exist such as: pre death, inability, indignity, disinheritance For this reason that the representation right has been created in the law and the doctrine. The representation is a right that authorizes the successor´s relatives to be able to inherit on its behalf, because it is handicapped of making it self-employed Inside the article 1024 of the Civil Code, it is indicated that the legal representation is a fiction, since the representative inherits for the rights that he had his handicapped relative. Reason for why, we are before the French thesis of the representation. Although the reason of the thesis refers to the representation right, the term stubs it takes an implicit connotation. The representation is like it has been indicated the right of the descendants previously of happening its relatives of next grade hereditary right in the face of its impossibility. As long as, the stock is a concept that implies that being several the representatives of a person, all they can represent him, only inside its hereditary quota. In synthesis the present investigation will try to determine the incidence that produces the representation, on the hereditary transmission.