Fundamento Legal De La Venta De Herencia En Venezuela

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Disclosure is nothing more than the right that flows for persons connected with the matter to inherit the rights and obligations of the same. Denunciation refers to the actual designation of the heir, i.e. “the certain, concrete and timely possibility that the appeal must appropriate the inheritance”. 3. When they participate in the inheritance, they also do so (in the case that they are five brothers, and the mass of the inheritance was composed of twenty million bolivars, since each of the children will correspond to four million, regardless of the level of education of each of the children, which is not perfect in natural reality). In the absence of these brothers and nephews, the inheritance corresponds entirely to the spouse and, if the latter is lacking, it corresponds to the brothers and nephews expressed. In Venezuela, the legal framework governing inheritance is defined in the Civil Code and the Law on Inheritance Tax, Gifts and Other Related Branches. These rules lay down the procedures and rules governing the transfer or acquisition of property by succession. Therefore, it is important to know these concepts and regulations in advance, as mastering the subject helps to understand the steps to follow to claim an inheritance. Knowing that there are cases where there are wills that determine the effective distribution of the estate, but there are other cases that are not so simple.

With that in mind, everything you need to know to start a succession in Venezuela. COMMENT: Heredity is the inheritance that can be passed on, minus the “talent” that the person possessed in life. Heredity for this reason is often an intangible term. “Whoever sells an heir without listing the things that compose him will only be held responsible for his quality as heir” Article 1531 of the Civil Code » If one of the heirs sells his right of succession to a foreigner before the partition, all the co-heirs or one of them can move in place of the buyer and refund the purchase price. provided that they review it within one month of the date on which they were notified. In the aforementioned article 1067 of the Civil Code, in the event that one of the heirs proceeds with the sale of inheritance tax and acts (before the division of the inheritance), it is specified that each of the other co-heirs may exercise the action for forfeiture of the co-heirs, whereby each of the remaining heirs has the preference to keep this part of the inheritance that has been sold to him. the third person missing the inheritance. 3 D.

The division of inheritance between them is equal. With regard to the separation of property established by capitulations before marriage, case law has stated that “separation may traditionally take place before the celebration of marriage on the basis of marriage contracts resulting from the separation of bodies by mutual consent and also by court decision in the case of article 171 of the Civil Code. The term genetic content, which is used by law to refer to a spouse who is not legally separated from property, does not distinguish between each of these types of separation and, therefore, separation of property and capitulations. “And later it continues.” if the spouses have decided to conclude marriage contracts. The legislator, taking into account the situation of economic independence established between them, wished to maintain this independence even after death by allowing the spouses to dispose of all their property by will in return, that is to say, it does not oblige them to keep a share of the patrimony of one for the benefit of the other. With the ascendants and the spouse, half of the inheritance corresponds to them and the other half to the other half. In the absence of a spouse, the inheritance corresponds entirely to ascending ancestors. The sale of inheritance tax and estate shares, since it is the sale of a universality of property, includes not only those that are known at that time, but also all those that appear later. The Civil Code refers to the sale of inheritance tax in the following articles, inter alia: Since acceptance is a declaration of intent, it requires the applicant`s full capacity to pay; so that if the appeal is minor or respondent, the Code in its article 998 ° “The inheritances returned to the minors or the respondents can not be validly accepted, but in favor of the inventory” and continues in article 999: “The disabled can accept only with the consent of the curator and in favor of the inventory.

If the curator objects to acceptance, the court may, at the request of the forfeited person, authorize the challenged person to accept the service. And art. 1.000° C.C. “Inheritances returned to public institutions or other legal persons may only be accepted from their respective addresses, in accordance with their regulations and for the benefit of the inventory. Kind. 1.022° C.C. “It is not possible, even by marriage contract, to renounce the inheritance of a living person or to dispose of any rights that may exist over this inheritance” Article 1.063 ejusdem.- The provisions of paragraph 3 of this section on the inventory, on the mode of administration of the estate and the responsibility of the beneficiary heir, They are frequent among healers of lying inheritances.