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lo27004004 law 46/2014, of 18 December, the succession due to death law 46/2014, 18 December, of the succession by cause of death since the General Council at its session of 18 December 2014 has approved the following: Law 46/2014, of 18 December, the succession due to death Index preamble title I General provisions chapter I. The opening of the succession and the qualities to happen the first Section. The opening of the succession Article 1. Opening of the succession Article 2. The legal declaration of death Article 3. Article 4 the inheritance. Time of the denunciation, second section. The succession capacity Article 5. Natural persons Article 6. Legal persons Article 7. Unworthiness inheritance Article 8. Reconciliation and forgiveness Article 9. Inheritance disabled Article 10. Non-Article 11. Expiration of the action Article 12. Effects of unworthiness and disabled Chapter II. The hereditary succession Article 13. Acquisition of the inheritance Article 14. Universality of the succession Article 15. Possession of Article 16. Absence of experience and legal reserves and Article 17. Recumbent inheritance chapter III. The acceptance and rejection of the legacy Section first. General provisions Article 18. Exercise of Article 19 denunciation. requirements Article 20. Ways of acceptance Article 21. Rejection Article 22. Rejection to the detriment of creditors Article 23. Ability to accept and disavow Article 24. Challenge of the acceptance or the rejection Article 25. Plurality of Article 26 calls. Judicial interpelation Article 27. Right of transmission section second. The acceptance pure and simple Article 28. Pure and simple acceptance Article 29. Liability of the heir Article 30. Hereditary charges third Section. The acceptance of the inheritance to the benefit of inventory Article 31. Acceptance of the benefit of inventory and legal benefit of inventory Article 32. Article 33 inventory. The effects of the acceptance of the benefit of inventory Article 34. Administration of the legacy beneficiary section four. The benefit of separation of assets Article 35. The benefit of separation of assets Section fifth. The goods purchased by minors or disabled Article 36. Administration of property acquired by a person under age or disabilities chapter IV. The right to accrue Article 37. Right to accrue between cohereus Article 38. Effects of right to accrue Article 39. Right to accrue in the legacies Article 40. Right to accrue the trusts v. hereditary community Article 41. Subject to Article 42. Duration of the community Article 43. Faculties of use and enjoyment of Article 44. 45 Article management. Disposal of goods and hereditary rights Article 46. Disposal of the hereditary share chapter VI. The partition and the collation Section first. The partition Article 47. The right to the partition and effects Article 48. Suspension of the partition Article 49. Opposition from creditors in Article 50. Partition by causing Article 51. Partition to executor or counter partitioner Article 52. Partition by cohereus Article 53. Arbitration or judicial partition Article 54. 55 Article award. Article 56 settlement. Sanitation Article 57. The award of credits and income Article 58. Rescission for lesion of the partition Article 59. Rectification of the partition Article 60. Addition of the partition Article 61. Responsibility of the second Section cohereus. The collation Article 62. Col·lacionables goods Article 63. Collation in place of ancestors Article 64. Beneficiaries Article 65. Assessment of the powers col·lacionables Chapter VII. The protection of hereditary Law Article 66. The action of petition of inheritance Article 67. The heir apparent's title II. The succession of contract chapter i. The successoral Section first. General provisions Article 68. The concept of Article 69. Licensors and third parties favoured Article 70. 71 Article ability. Object Article 72. Is Article 73. Nullity of the successoral Article 74. Action of nullity Article 75. Modification and termination by mutual agreement Article 76. Revoking unworthiness Article 77. Unilateral revocation by Article 78. Exercise of the right of revocation Article 79. Effects of revoking Article 80. Incidence of matrimonial crises or coexistence section second. The inheritances Article 81. The concept of Article 82. Simple Heretament and cumulative Article 83. Mutual Heretament Article 84. Preventive Heretament Article 85. Book to have and mappings for llegítimes Article 86. Efficacy revocatòria Article 87. Transferability of the quality of heir Article 88. Effects of heretament on the heretant Article 89. Liability of the heir for the debts of the heretant Article 90. Pact reversional legal reversal and Article 91. Effects of heretament on the opening of the third Section. Successoral particular attribution Article 92. Types of Article 93. Effects of the particular provisions of title III. Succession and wills, codicils are tested the wills memories and first section. General provisions Article 94. The testament Article 95. Ability to test Article 96. Types of wills Article 97. Interpretation of the provisions in effect section second. Notarial wills Article 98. Identification, trial of 99 Article ability. Intervention of physicians Article 100. Witnesses Article 101. The language of the testament Article 102. The testament open Article 103. The testament closed Article 104. Authorisation of the testament closed Article 105. Opening of the testament closed third Section. Holographic Testament Article 106. 107 Article validity requirements. Adveració and section four expiration. The codicils and testamentary memories Article 108. Codicil Article 109. Memory probate Chapter II. Invalidity and inefficiency of wills and testamentary dispositions of Article 110. Nullity of the testament Article 111. Nullity of devise Article 112. Action of nullity Article 113. Consequences of the nullity Article 114. Conversion of the testament null or ineffective Article 115. Revocabilitat of the devise Article 116. Revocation of wills Article 117. Revoking Holograph testament material
Article 118. Revocation of wills codicil to provisions Article 119. Revocation of wills and codicils Article 120. Coping with inefficiency by marriage or cohabitation crisis chapter III. The institution of heir first section. General provisions Article 121. Need for institution of heir Article 122. Institution of heir in thing certain Article 123. Annuity institution Article 124. Institution in usufruct Article 125. Joint institution Article 126. Institution of heir in favour of a person and their children Article 127. Scope of the hereditary institution in favour of Article 128. Institution in favour of close relatives Article 129. Exclusion of probate intestats heirs section second. The institution of heir under condition Article 130. Durability of the institution of heir Article 131. Effectiveness of the institution under the condition precedent and uncertain period Article 132. Powers of the conditional l'hereu Article 133. Compliance with the condition in Article 134. Types of condition 4. The designation of heir trust Section first. The designation of heir by spouse or convivent Article 135. Designation of successor by spouse or convivent Article 136. The form of the choice or distribution Article 137. Administration of the second section. The designation of heir by close relatives Article 138. Designation of successor by close relatives Article 139. Choice or distribution Article 140. Administration of the heritage Chapter v. hereditary substitutions Section first. The vulgar replacement Article 141. Cases of vulgar replacement Article 142. Effects of the vulgar substitution section second. The illumination replacement Article 143. Appointment of substitute Article 144. Nature of the replacement Article 145. Tacit illumination replacement Article 146. Right to legitima third Section. The replacement copy Article 147. 148 Article requirements. Concurrence of replacement Article 149. Appointment of substitute Article 150. Inefficiency of the replacement Article 151. Application of the rules of the artificial illumination chapter VI. The first Section trusts. Trusts in general Article 152. The concept of Article 153. Sort Article 154. Types of Article 155. Ability to be trustee Article 156. The trust's denunciation, Article 157. Vulgar substitution in trust and implied vulgar Article 158. Limits of the trusts Article 159. Distribution of choice and trust Article 160. Termination of the trust section second. Interpretation of Article 161 trusts. Tacit and 162 Article expressly. Restrictive interpretation of Article 163. Presumption of Article 164. Condition of not having children Article 165. Children set as a condition the third Section. The effects of trust while it is pending Article 166. Carrying out inventory Article 167. Provision of collateral Article 168. Obligations with respect to real estate trusts Article 169. Fiduciary's responsibility Article 170. Fiduciary powers of Article 171. The partition and Division of common thing Article 172. Preservation and administration Article 173. Exercise of actions and effectiveness of judgments, arbitration awards and transactions Article 174. Powers of trustee on your right section four. Disposal of property trusts Article 175. General principle Article 176. Disposal of goods with permission of fideïcomitent or of third parties Article 177. Disposal of goods with notification to do Article 178. Disposal of goods under own responsibility Article 179. Disposal of goods free of trust with judicial authorization Article 180. Disposal of goods free of trust with consent of the fifth Section trust. The effects of trust at the time of his denunciation, Article 181. Effects of denunciation, Article 182. Delivery of possession Article 183. Liability of trustee Article 184. Settlement duties Article 185. Contesting acts in the trust's fraud Section sixth. The trust of waste and the preventive replacement of waste Article 186. Trust of waste Article 187. Imputation Article 188. Legal framework Article 189. Preventive replacement of waste Chapter VII. The legacy Section first. Bequests and its effects Article 190. Grant Article 191. Beneficiaries of the legacy Article 192. Prellegat Article 193. Vulgar replacement Article 194. Recordable people Article 195. The object of the legacy Article 196. Effectiveness of the legacy Article 197. Legacy under condition or term Article 198. Denunciation, Article 199. Effects of denunciation, Article 200. Acceptance and rejection Article 201. Transfer of right to legacy Article 202. Compliance and risks Article 203. Fruits of the thing bequeathed Article 204. Extension of the legacy Article 205. Actions of legatari and swearing in of the legacy Article 206. Guarantees of the legacy section second. The types of legacies Article 207. Legacy of alternative thing Article 208. Legacy of extraneous thing Article 209. Legacy of generic thing Article 210. Bequests of money and other financial assets Article 211. Legacy of actions and social investments Article 212. Legacy of thing stuck Article 213. Enterprise legacy and universality Article 214. Credit debt and legacies Article 215. Legacy of the universal right to use Article 216. Legacy of part amount Article 217. Third Section food legacies. The ineffectiveness of the legacies Article 218. Revoking Article 219 legacies. Extinction of the legacies Article 220. Reduction or removal of excessive legacies Article 221. Order and practice of reducing Chapter VIII. The modal provisions and prohibitions of Article 222. Inheritance mode Article 223. Provisions for the vote, and copies Article 224. Prohibitions of use in the testament chapter IX. The Trustees of Article 225. Appointment Article 226. Capacity and legitimacy Article 227. Acceptance, excuse and waiver of Article 228. Allowance and expenses Article 229. Executor universal Article 230. Powers of executor universal Article 231. Marmessoria universal realization of inheritance Article 232. Marmessoria of direct delivery of goods remaining Article 233. Destination of the inheritance to the vote or to the poor Article 234. Executor particular Article 235. Compliance with the Commission Article 236. Cessation
Article 237. Completion of the job title IV. The intestacy chapter i. General provisions Article 238. Opening of the intestacy Article 239. The accusation in the intestacy Chapter II. The system of the intestacy Article 240. Legal calls Article 241. Kinship Article 242. Calculation of kinship Article 243. Principle of proximity in degree Article 244. Succession by degrees and orders Article 245. Right of representation Article 246. Division of the inheritance chapter III. The order to happen first section. The direct line succession in descendent Article 247. Tip-off to the children and descendants of subsequent degree Article 248. The succession of adopted children section second. The succession of the widowed spouse and the couple in convivent stable Union Article 249. Succession of the widowed spouse and of the convivent Article 250. Right to use Article 251. Switching of the usufruct Article 252. Lack of right to succeed Article 253. Attribution in the Declaración de herederos section second. Ascending direct line succession in Article 254. Tip-off for the parents and the parents section four. The succession of collaterals Article 255. Tip-off to 256 Article collateral. Brothers and sons of brothers Article 257. Call to other fifth Section collateral. The succession of the State Article 258. Succession on lack of relatives until the sixth grade chapter IV. The succession of the impúber Article 259. Core character of the goods Chapter v. core Goods Article 260. Core goods Article 261. Succession in the core title V goods. The General provisions chapter I Article 262 legitima. The right to the legitima Article 263. Entitlement and acceptance Article 264. Waiver of future legitima Chapter II. The legitimaris and the determination of the legitima Article 265. Legitima descendants and the right of representation Article 266. Legitima parents Article 267. Amount and calculation of the legitima Article 268. Individual legitima chapter III. The attribution, the imputation, the perception and the payment of the legitima Article 269. Attribution in caption of inheritance or legacy Article 270. Imputation of private donations and powers Article 271. Qualitative intangibility Article 272. Supplement of legitima Article 273. Payment Article 274. Valuation of the goods Article 275. 276 Article interests. Chapter IV Responsibility. Article desheretament and preterition 277. Legitimaris of preterition Article 278. The desheretament and their causes Article 279. Requirements of Article 280 desheretament. Reconciliation and forgiveness Article 281. Challenge of the desheretament Article 282. Desheretament unfair chapter V. The inoficiositat Article 283. Inoficiositat legitimària Article 284. Order of 285 Article reduction. Chapter VI inoficiositat action. The extinction of the legitima Article 286. Causes of extinction Article 287. Title VI Prescription. The fourth armed Article 288. The right to the fourth armed Article 289. Exclusion of the right Article 290. Calculating Article 291. Claim and payment Article 292. Reduction or removal of legacies and donations Article 293. Phasing out additional Provisions First. Rules of private international law 1. Competent court 2. Applicable law 3. Testament in foreign country Second. Sources of private law 1. Sources of law 2. Supletorietat regulations 3. Secondly, law 4. Third case law. Normative range of law transitional provisions First. General scheme of transitional law Second. Wills, codicils and testamentary granted prior to the entry into force of this law the third. Testament before Fourth rector. Fifth trusts. Remuneration of Trustees and of the heirs of confidence sixth. Inheritances Seventh. Book the eighth. Intestacy Ninth. Prescription expiration and repealing Disposicións end First. The second modification. Entry into force preamble the 20th anniversary of the enactment of the Constitution allowed, taking advantage of the meaning of this significant event in the process of juridificació of the Andorran State, making clear the need to follow the path of the regulation of the private law of Andorra. This need is determined for a reason in the background. In fact, a State is not anything other than a legal system, that is to say, a binding plan of coexistence in justice, in a democratic society, is an expression of the dominant social will democratically expressed. However, the effective duration of this legal system, this plan of coexistence in justice, is not only an imperative requirement of the realization of an ideal of Justice, but is also the essential legal security budget.
In this regard, it should be noted that, twenty years after the entry into force of the Constitution, one can speak of success. The consolidation of the Principality of Andorra as an actor more in the stage of the international community it is a fact that, precisely because of its absolute normality, passed as unnoticed. The Principality of Andorra is a country legally organized in the form of independent, democratic and sovereign State of law. And is therefore, as such a State, a people subject to a law that makes all its citizens free and equal. But the culmination of the juridificació of the Andorran State did not get nor by far with the enactment of the Constitution, although this law of laws, base and axial column of the whole legal system. You must continue the work with a comprehensive process of sorting rules of private law, the laws that regulate directly the lives and relationships of people, their properties and their business, their family and their inheritances. The same Charter, in chapter V of title II, acknowledges in his article 27.1, along with the right to private property, the right to inheritance, which, along with other rights and constitutional principles, in accordance with article 39.3 of the Constitution, the legislation and the action of the public authorities.
This law of succession by cause of death, as part of the process of regulation of private law, contributes to the consolidation of the Andorran identity, confirm the status of Andorra as a sovereign State in Europe and increase legal certainty.
Within this framework, the present Law responds to the following principles and criteria.
1. systematic Ordering of the law
The systematic ordering of this law follows a sequential criterion, in the sense of opening of the succession, vocation, denunciation and acceptance (with the exceptions and relating to bequests, the legitima and trust) and, on the other hand, regulate the fundaments of the vocation, that is, the sequence of the contract, the tested and the intestate, finally, finally, regulating the legitima and the fourth armed as legal attributions.
Even though it does not take into account the systematic of the Catalan encoding, this legislation (both the inheritance code of 1991 as the fourth book of the civil code, 2008) has been taken into account to be, precisely, the most recent and the most technically evolved in our legal and cultural field and, especially, to form part of a common legal tradition , as demonstrated by the fact that the Catalan Law prior to the Decree of Nueva Planta of 1716 has been part of the Andorran civil regulation (not just as a Spanish laws, but also as a complement of the extra law), as it expressly set out the reason of the law of reform of the inheritance law, of 31 July 1989 and as mentioned in the important jurisprudence STSJA No. 2255, of 18 November 2004 (preceded by the STSJA Nr. 2233 of 23 September 2004 and no. 2132 of 8 January 2004).
2. The regulation contained in this law of succession by cause of death must be essentially concordada with the regulation that will make in the future of the family code.
3. The equal rights of the spouses joined in marriage or in a civil Union with the convivent in stable Union of a couple, formally constituted. In this way, the legal regime of the survivor of a stable Union of a couple is symmetrical to the same regime of survivor, beating so the forecasts of law 4/2005, of 21 February, qualified the stable partnerships. The socio-economic characteristics of Andorran society and with projection in the 21st century has advised this regulation of the LUEP/2005.
In this way need to focus on the following: 4. The regulation of the successoral and inheritances has required an update and modernisation that has taken into account its potential to be a suitable instrument for the transmission of the family businesses, both characteristics of our economic fabric.
5. In relation to the succession of tested, has been planned: a) supported the compatibility of tested and the intestate, all noting, in particular, the subsidiary character of the intestacy and the prevalence of the tested. This is a solution more adjusted to the current perspective of a major heritage character of the succession and that is based on a greater respect to the will of the originator when they wanted to, intentionally, to have the "whole" of their inheritance or because the disposition of a part of the heritage has become ineffective.
b) the collation according to the Andorran legal tradition in this sense, has been chosen to make prevail the will of the originator, so that the law should not replace it and establish an equalisation of the children, except that the cause you have wanted. Therefore, the criterion is that the donations are not col·lacionables (or much less attributable), with the exception of the ob causam and which the donor expressly at the time of the donation or in the testament.
c) the deletion of the witnesses in the notarial testament strengthens the notarial function with the removal of the presence of two witnesses, unless there are special circumstances in the testator or the same testator, or the notary you deem appropriate.
d) the removal of the testament in front of rector was deleted the testament in front of rector, currently in force in accordance with Decretals, III,26, 10, in the sense that the testament given in front of the rector and two witnesses is testament valid. This decision is based on two reasons: the doubts of its constitutionality, according to art. 11, CA when it establishes the freedom of religion and of worship and, on the other hand, to a greater extent, the doubts about the attribution of competence to Attorney after the Law governing notaries, of 28 November 1996, in his art. 1 and 21.1 of), confers this power exclusively to notaries.
e the generalization of Holograph testament) there is No reason to maintain the restrictive criterion of traditional Andorran law (admission only of testament parentum inter liberos), perpetuating a peculiarity that legislation is contrary to the modern trend of freedom of form, which is a private foundation conclusive and that Trademark a unjustified difference with the countries of the area.
f) the deletion of the heirs and legatarios of trust it is proposed to delete this kind of institution of heir, by the fact that the confidentiality (and, therefore, the secrecy and non-disclosure of the intention of the originator) can lead to, precisely, the violation of the will of the cause due to lack of any control and, on the other hand, the manifestation of the trust no longer converts the heir or the legatari of confidence in executor. In this way it is considered that the figure of the executor provides more legal certainty.
g) the deletion of the fourth trebel·liànica in the regulation of the trusts, we propose the deletion of the fourth trebel·liànica due to not need to motivate the acceptance on the part of the heir, in order that appropriate a fee free. This fourth established by Senatconsult Pegasià (2 Institutions, 23, 5), but known as trebel·liànica, is oriented to promote the acceptance of the inheritance by the Fiat heir and avoid the intestacy, in order that, currently, it is not necessary, taking into account the compatibility of the tested and the intestate that are proposed in the regulation of this law.
h.) the deletion of the fourth falcídia in the regulation of the legacies is proposed, as well as the deletion of the fourth falcídia. The reason is, likewise, not need to motivate the acceptance on the part of the heir, because you can order legacies to the intestate, in addition to the compatibility between the tested and the intestate. Also, for consistency with the deletion of the fourth trebel·liànica. On the other hand, in the case of the falcídia, a second major reason is that it takes into account that, normally, the heir etching with the legacy also has the quality of legitimari, so it is excessive that the heir may have the fourth falcídia and, in addition, the fourth legitimària.
I) free from the position of executor
Set the allowance from the position of executor, as a principle, unless the testator establishes a certain remuneration; Bearing in mind, however, that all expenses occasioned by the exercise of the Office are in charge of the inheritance and that trustees are entitled to the reimbursement of the costs occasioned by its function.
j) the non-admission of the testament belongs to The testament belongs to is a form probate much used in countries that allow you to because of their great utility in wills "correspectius", given that it is not possible the revocation to one of testadors without knowledge of the other. However this fact is relevant, has opted not to pick up this type of testament to their lack of tradition in Andorra, as well as to the possibility of supply using the granting of marital.
6. The deletion of donations mortis because it is an institution of social circumstances for some time passed, a fact that has brought this figure to their practice assimilation for other institutions, especially the testament.
7. The maintenance of legitima although there may be some solid arguments against, derived from the principle of true freedom to test, you opt to keep the legitima, for being an institution deeply rooted in our legal system.
8. The intestacy remains fundamentally the Roman system, traditional in the Principality of Andorra, the succession ordinum et graduum. The Act improves the position and privileges of the widower and the survivor convivent so that they will be called upon, in the absence of descendants, before parents and other ancestors and collateral remaining. In addition, it provides for an order of special calls for certain core assets.
9. The Suppression of the book binupcial and Lex Hac Edictali taking into account the social reality of today, cannot be considered suitable legal limitations to the freedom of disposition of property, even for the purpose of protecting the interests of children and descendants common a former marriage. In this regard, in addition, the binupcial reserve, the only force in Andorra (based on the Lex Feminae – Code 5, 9, 3-the Constitution .. edictali – Code 5, 9, 6, and 22 Novel), is scheduled only for the case of a new marriage, so that precludes a living Union or to have offspring with another person. Therefore, rather than an adaptation to the Andorran society today, that right is your deletion.
10. incorporation of rules of private international law In an additional provision will formulate some rules of international law. This precept contains two rules: the unity and universality of the succession and, on the other hand, the personal law, determined by the nationality as a point of connection, so that imply the applicability of the Andorran law inheritance, inherent in the personal Statute, irrespective of where they are or where the goods have been the death of the originator.
Rejecting the criterion of habitual residence as a single connection point, as well as the possibility of choice of applicable law. Anyway, we recognize the application of the law derived from the habitual residence depending on the circumstances of the case.
11. incorporation of rules on sources of law in an additional provision, proposed rules on the sources of law. The question of the sources of law is an issue of high significance and difficulty for the Andorran legal system, especially for the value of the jurisprudence. In this sense, it would be recommended that in the future will make an ordinary law on sources and application of law, by way of a preliminary title of the Civil Code of our legal and cultural environment.
TITLE i. General provisions chapter I. The opening of the succession and the qualities to succeed first section. The opening of the succession Article 1 opening of the succession 1. The series opens with the death of the originator or the legal declaration of death, to the place where he has had the last domicile and, if this is not known, to the site where you will find most of the relict flow.
2. Is NULL contracts or covenants about future inheritance, except those allowed by this law.
Article 2 The legal declaration of death 1. When a person has disappeared from their home or the last known place of residence without have had more news, you will be able to urge the legal declaration of death if any of any of the following circumstances: a) fifteen years have passed since the date of the disappearance or that in which they had the latest news.
b) That five years have passed from the date of the disappearance or the latest news, when at the time of the statement the missing had already fulfilled the age of 85 years.
c) who have spent five years from the date of the disappearance, if this had taken place in circumstances of grave danger for life.
2. The heirs that happen by virtue of a judicial declaration of death are required to register by inventory and will not be able to free title of the property and rights of inheritance to not have spent a period of five years from the date of the statement. Until there is after this period will not be delivered nor the legacies sorted testamentàriament.
3. If, legally declared the death of a person, to appear this, recover their property in the State in which they are, and have the right to get the price of those that have been sold, but will not be able to claim the fruits and income who have produced during the time in which it was in effect the Declaration.
Article 3 the inheritance 1. The inheritance takes place by contract inheritance, by will or by law.
2. The intestate succession can only take place when there is a contractual heir or business or in the event that the institution of heir business isn't the whole inheritance.
Article 4 the Moment of denunciation 1. The sequence is defereix at the time of the opening of the succession, unless the inheritances and trusts that have a specific regulation.
2. If the institution is subject to condition precedent, the legacy is defereix at the time of fulfillment of the condition.
Second section. The succession capacity Article 5 individuals 1. Have ability to happen people born or conceived at the time of the opening of the succession and that survive to the originator.
2. The persons who have been declared absent can happen, however, to accept the inheritance on behalf of the absent, it is necessary to prove that this was alive at the time when it was necessary to its existence to acquire it. Open a sequence to which you are called an absent, the part of this, doses to their cohereus, if there is a person in their own right or by right of representation to claim it. The one and the other, if any, they should make inventory of goods, which have to book up to the Declaration of the death.
3. The people who die in the same event without being able to establish which survived in the other, and if one of them is called to the succession of the other, is believed to have died at the same time. The succession of each one of them is defereix to people who would have been called to happen in your default.
Article 6 legal persons 1. Have ability to succeed legal persons legally constituted at the time of the opening of the succession.
2. Legal persons that causing sort to create in your disposal to cause of death have the ability to succeed if they constitute legally within the deadline indicated by the testator or, failing that, of the period of one year from the opening of the succession.
Article 7 Unworthiness Are untrustworthy to happen: inheritance) The convicted have killed or tried to kill the originator maliciously, your spouse, the person lived or any descendant or ascendant of the one.
b) sentenced for crimes of serious injuries, against freedom, of torture, against the moral integrity or sexual indemnity against the freedom and if the worse were the cause, your spouse, the person lived or any descendant or ascendant of the one.
c) the sentenced for having calumniat the cause, accusing him of a crime sentenced with imprisonment of no less than three years.
d) The sentenced for false testimony against the tortfeasor, petitioner will be a crime sentenced with imprisonment of no less than three years.
e) The convicted of a crime against the family rights and obligations in the succession of the person aggravated or a legal representative of this.
f) parents suspended or deprived of parental authority, because to them, with respect to the child attributable cause of the succession.
g) who has induced the maliciously causing to grant, revoke or alter a will, an inheritance agreement or any other arrangement of last will or has been prevented from doing so, and also the one who, knowing it, has taken advantage of.
h) who has destroyed, hidden or altered the testament or other disposition of last will of cause and those who have promoted.
Article 8 Reconciliation and forgiveness 1. The causes of unworthiness are ineffective: a) if the originator has to favor of the unworthy knowing the cause of unworthiness.
b) if the originator it makes up with the unworthy to unquestionable acts or forgive in a public deed.
c) if expires the Faculty of revoking attributed to causing in successoral.
2. Reconciliation and forgiveness are irrevocable.
Article 9 1 Inheritance Disabled. Are starting to happen: a) the notary who authorized the last will, your spouse, the person with whom he lives and relatives of notary public within the fourth degree of consanguinity or second of affinity.
b) witnesses, physicians and the players involved in the granting of the last will.
c) the priest or religious that has assisted the testator during his last illness and also the Church, the order, the community, the institution or the religious denomination to which it belongs, only in the case that will be awarded during the last illness.
of) the tutor, before the approval of the final accounts of the guardianship, unless you are ascending, descending, spouse or sibling of the originator.
2. natural or legal persons, as well as their caretakers, who have borrowed in causing healthcare services, residential or similar, by virtue of a contractual relationship, can only be achieved in the succession of this y-axis in notarial will open.
3. The disabled does not stop inheritance was appointed arbiter, executor or counter partitioner.
Article 10 non-1. The provisions in favour of an unworthy person to happen are ineffective. So are the made in favour of a non-working person.
2. The cause of inefficiency can be relied upon to who would be favored for succession in the event that is declared the unworthiness or the disabled, and to any person to whom it has been entrusted, in whole or in part, the execution of the will of the originator.
3. The cause of inefficiency not recognized by the affected person must be legally declared.
4. The action is transferable to heirs.
Article 11 the expiration action 1. Declarative action of unworthiness or inheritance disabled expires in four years since you can find the cause of inefficiency and, in any case, in the four years since the unworthy or inherited assets has taken possession or non-working deputies.
2. If the cause of unworthiness has been declared in judgment, the calculation does not start until it is firm.
Article 12 effects of unworthiness and the disabled 1. The effects of unworthiness or disabled will be back in time for the tip-off.
2. The unworthiness does not affect the children or descendants of the unworthy to be called to the succession, but causes the inefficiency of the right of transmission.
3. Recognized or declared the unworthiness or disabled, you need to liquidate, if applicable, the possessòria situation, considering the unworthy person or be possessed of bad faith.
Chapter II. The hereditary succession Article 13 acquisition of the heritage 1. The heir to the inheritance with their acceptance.
2. The effects of the acceptance is retrotrauen at the time of the opening of the succession.
Article 14 universality of succession the successor acquires all of the assets and rights of the originator except the personalíssims, the subroga in all the obligations of the originator that are not extinguished by the death, other linked by their own acts of the originator and must comply with the hereditary charges.
Article 15 Possession the heir who agree to have the possession of the inheritance if the has taken, and continues to be the property of the originator without interruption.
Article 16 Absence of experience and legal reserves and the assets acquired by inheritance or donation title are not subject to any reservation or hereditary legal reversal, few novels, the book in favor of the absent.
Article 17 reclining Inheritance
1. Before the acceptance of the inheritance, the heirs called can only perform acts of ordinary administration, defence and conservation. If there is more than one successor, they are all individually by legitimate acts of conservation and protection of goods, but for other acts of ordinary administration need the agreement of the majority. These acts do not imply acceptance.
3. The judicial authority, at the request of any heir and in default of executor or administrator appointed by the originator, can appoint a curator to represent and manage the inheritance.
4. When there are several are called in inheritance, acceptance of one of them will cancel the situation of reclining inheritance. While the total number of calls does not accept or does not occur the frustration of the calls, the ordinary administration of inheritance corresponds to the heir or heirs who have accepted, with application, if there is more than one, of the rules of the hereditary community.
Chapter III. The acceptance and rejection of the legacy Section first. General provisions Article 18 denunciation, exercise 1. The call to the inheritance may accept or repudiate it, so soon there was the accusation in his favour. Each of the calls may accept or repudiate it independently of the other.
2. The acceptance or the rejection of inheritance are irrevocable.
3. The right of the call to accept or repudiate the inheritance is not subject to expiration period.
Article 19 Requirements 1. The acceptance and rejection of inheritance are pure and simple events, and cannot be done partially. The conditions, terms and restrictions are not placed.
2. The call in different installments accept a it is understood that you accept also the remaining, although it may be vulgar or substitution deferides for fulfillment of conditions precedent.
Article 20 forms of acceptance 1. Acceptance of inheritance may be express or implied.
2. The express acceptance results from the manifestation of the will to accept it in public or private document.
3. The tacit acceptance occurs when called: a) Performs any act which may not be performed if it is not the title of heir.
b) has the right to the inheritance, unless in the case of a donation or free transfer in favour of all the other heirs in the same proportion in which they are.
c) waives charges for the right to succeed, or the waiver by any title in favor of one or more of cohereus.
d) backing out or hide the goods.
Article 21 Rejection rejection of inheritance has been to do so expressed in public or in front of the Council.
Article 22 Rejection to the detriment of creditors 1. Creditors of the heir called can request the judicial authority to declare inoposable rejection of inheritance made to the detriment of his, to be able to charge their credits on the hereditary heritage.
2. The right of creditors expires in the year of the rejection.
Article 23 the capacity to accept and disavow 1. The acceptance and rejection of inheritance require full capacity to act.
2. Parents or guardians need judicial authorization to repudiate the inheritance deferides their children under age or to persons subject to guardianship.
3. The emancipated minor and the people placed in tutorship who want to repudiate an inheritance must be assisted by people who complement their ability.
4. Legal persons may accept or repudiate in accordance with your specific legal regime.
Article 24 Challenge of acceptance or rejection 1. The acceptance and rejection can be challenged for lack of ability or vice of consent. The bug only triggers the nullity if it is decisive.
2. The action for lack of ability to expire four years from the arrival to the age or the recovery of capacity; and, in the case of Vice of consent, from which there was the fact or has ceased because the determinants of Vice.
Article 25 plurality of calls 1. Who can accept intestate probate inheritance repudia, but etched by bequests, trusts, wills and burdens conditions.
2. The rejection of an inheritance in the belief that it was not in my opinion if the intestate hurts after it appears a will or inheritance Pact.
Article 26 judicial Interpelation 1. The right to accept or repudiate the inheritance is not subject to the deadline.
2. All interested in the succession, including creditors of the inheritance or called, can apply to the judicial authority, after a month from the tip-off, indicated by a period not exceeding two months because the called accept or repudiï inheritance.
3. After the deadline pointed out without that called accept or repudiï, it is understood that the repudia, unless you are a minor or unable to, in which case is understood to have accepted a benefit of inventory.
Article 27 Right of transmission 1. Death called without accepting or repudiate the inheritance, passes to their heirs the right that he had.
2. The heirs of the so-called death without accept or repudiate an inheritance only can accept or repudiate it if you accept before the heritage of its originator.
Second Section. The acceptance pure and simple Article 28 Acceptance pure and simple acceptance of inheritance is pure and simple when the heir is not practised in time and form the requirements for enjoying the benefit of inventory.
Article 29 responsibility of the heir if the acceptance of the inheritance is pure and simple, the heir of the debts of the originator and responds hereditary loads with the relict and goods with their own, either.
Article 30 hereditary Charges Are hereditary charges: a) the expenses of last illness and funeral services.
b) expenses caused by the formalization of the inheritance, delivery of goods and marmessoria.
c) expenses caused by the legal defense of the goods of the inheritance.
The third section. The acceptance of the inheritance to the benefit of inventory Article 31 in benefit of inventory and legal benefit of inventory 1. The heir can accept the inheritance to the benefit of inventory, if the practice within a period of six months counting from the time when he knows or can reasonably discover the tip-off.
2. The heirs minors, are emancipated or not, people placed in guardianship or tutorship, legal persons of public law, foundations and associations declared of public utility or social interest enjoy the effects of the benefit of inventory without having to practice it.
Article 32 Inventory
1. The inventory of inheritance should be formalised in a public deed or by writing to the judicial authority.
2. The inventory must contain a list of all property and rights, without need of relict value them, saved that established a legal standard, and all debts and hereditary loads, with an indication of the amount.
For the formation of the inventory does not include any person, but can intervene the creditors of the originator and others interested in the inheritance.
3. If the heir expresses his willingness to accept a benefit of inventory before you practice it, the legatarios and the trustees cannot act against the inheritance until the inventory has been formalized or after the deadline for doing so.
Article 33 effects of the acceptance of the benefit of inventory, the acceptance of the inheritance to the benefit of inventory it produces these effects: a) the heir can acquire the inheritance and take possession.
b) the heir to respond to the obligations of the originator and the hereditary charges exclusively with the goods of the inheritance.
c) Remain the rights and credits of the heir to the inheritance and the obligations of those in favor of this.
d) there is No confusion of assets while not paying the debts of the originator and the hereditary charges.
Article 34 of the legacy beneficiary 1. The administration of the legacy beneficiary corresponds to the heir.
2. The heir has to pay the debts of the legacy before delivering the message or to fulfill the legacies, with the money they find to inheritance or you get for the sale of the goods inherited. Then if you are not hereditary, although there are inventoried credits remaining to pay them, unsatisfied creditors can repeat against those who have already claimed.
3. The creditors of the heir may not pursue the goods until they are paid the creditors of the originator.
4. The fraudulent conduct of the heir caused the loss of the benefit of inventory.
5. The heir who has accepted a benefit of inventory has the duty, if any, apply, under current legislation in the area of cessation of payments and bankruptcy, the Declaration of insolvency of the inheritance.
Section four. The benefit of separation of assets Article 35 the benefit of separation of assets 1. Creditors of the originator and the legatarios, as well as creditors of the heir, can apply for motivadament, in proceedings of voluntary jurisdiction, the separation of the hereditary with respect to heritage of the heir. Fact the inventory, the judicial authority granted this benefit if necessary, taking the relevant measures and precautions.
2. creditors of the inheritance and the legatarios who have obtained the benefit of separation have preferential right to payment on the hereditary property with regard to the creditors of the heir, while, in the same way as if the benefit is granted at the request of one of these, the creditors may not pursue the proprietary property of the heir to the full satisfaction of you are the heir.
Fifth section. The goods purchased by minors or disabled Article 36 administration of property acquired by minors or disabled persons 1. The originator may designate, in acts of last will, the person or people who have to administer the goods of which have provisions for inheritance title in favor of minors and disabled persons.
2. In the absence of a designated person, the Administration is up to the parents or guardians, unless those have been declared unworthy or disinherited.
3. The disposal of goods and disabilities acquired by hereditary title is governed by that the originator has always saved to wield the legitima. In the absence of specific regulation, apply the General rules.
Chapter IV. The right to accrue Article 37 right to accrue between cohereus 1. If any of two or more heirs instituted in the same inheritance fails to inherit, his share or part, doses to cohereus, saved the right of transmission, the vulgar substitution and the right of representation.
2. If, instituted jointly two or more heirs in a same fee or portion of inheritance, one of them gets to be so, the growth takes place among the other heirs of the same group, and even in the absence of these doses to other cohereus.
Article 38 effects of right to accrue 1. The cohereu which accepts the inheritance increases its share with that doses in your favour.
2. the cohereus acreixen in proportion to their respective contributions or hereditary parts, and are subject to the regime imposed by the originator to the vacancy, except for highly personal burdens.
Article 39 right to accrue in the legacies Are legatarios called together in a same legacy acreixen between them, with preference among those who have been called in the same clause and subject to the regime imposed by causing the legatari that has not come to be, with the exception of the highly personal charges.
Article 40 right to accrue the trusts unless a contrary intention of the originator, the trusts listed in favour of several Trustees jointly, the payment or part of the inheritance or legacy trusts that would have corresponded to those who for any reason fails to be, doses in favor of others that, in fact, you get to be, without prejudice to the right of transmission in the term trusts and the vulgar substitution in trust , express or implied.
Chapter v. The hereditary community Article 41 Object If the heirs are more than one, acquire inheritance in proportion to their respective contributions and are divided into mancomunadament obligations and hereditary loads, without solidarity between them.
Article 42 duration of the community 1. The originator can sort and the heirs agree unanimously to the indivisió of the entire inheritance or property from this, for a maximum period of ten years from the opening of the succession.
2. If the provision or Covenant of indivisió have to a family business, owned by majority of the originator, the indivisió can reach 20 years.
3. If the provision or Covenant of indivisió have to the property that is spouse's habitual residence, convivent in stable Union of a partner or child disabilities of the originator, the indivisió can be reached until the death of the benefited.
Article 43 powers of use and enjoyment All cohereu can use the Commons and take advantage of the fruits according to their nature and without prejudice the right of the other cohereus.
Article 44 Administration
1. each cohereu can perform the acts necessary for the conservation and defense of the hereditary estate.
2. If there is no person specifically authorised to manage the inheritance, the Administration corresponds to the heirs. However, at the request of any cohereu, the judicial authority may take appropriate provisional measures and, even, to appoint a judicial administrator.
3. The acts of ordinary administration are agreed by most of the cohereus according to quotas, and the acts of extraordinary administration by a majority of three quarters of contributions.
4. The cohereus respond mancomunadament of the obligations derived from the administration of the undivided heritage according to the respective hereditary shares.
Article 45 Disposal of goods and hereditary rights 1. Acts of disposal of the goods require the unanimous agreement of the cohereus.
2. The contributions to these events are subroguen in the hereditary community.
Article 46 of the hereditary fee 1. Each cohereu can dispose of their hereditary share.
2. each cohereu has a right of pre-emption and tanteig in case of sale or dation in payment in favour of person other than cohereva. If you exercise these rights over a cohereu, purchased in proportion to their quotas.
3. The deadline for the exercise of these rights is one month from the notification of the decision to alienate and their circumstances with regard to the tanteig, or who have knowledge of the transmission with respect to pre-emption.
Chapter VI. The partition and the collation Section first. The partition Article 47 right to partition and No effects cohereu is bound to remain in the indivisió, unless you're sorted by causing or agreed by the cohereus.
Article 48 suspension of the partition the partition of inheritance is suspended: a) If you are called to the inheritance a conceived, to the party or the end of the pregnancy.
b) if there is interposed a claim on filiation, until it's dictated ruling firm.
c) If you have started an adoption record, until you finish with a firm resolution.
d) If you are called to the inheritance a juridical person that the order set up in the testament, until it is validly established or expires the deadline for its Constitution.
Article 49 opposition from creditors Are creditors of inheritance can oppose your partition until you come to or are the debt amount fianci.
Article 50 the Partition causing 1. The originator can make total or partial partition of their inheritance in the same Act of last will or in a separate document. If the partition made in Act of last will disagrees of the layout, that prevails on this; If the differences made in separate document, the layout.
2. The originator can impose binding rules on the partition made by the heirs, to executor or counter-partitioner.
Article 51 partition to executor or partitioner counter 1. The originator can assign the partition to an executor, universal or particular, or a counter partitioner, you only will have powers to these effects and will be considered as a particular executor.
2. The heirs can bypass counter unanimously-partitioner, unless the contrary intention expressed of the originator.
Article 52 Partition by cohereus the heirs can make the partition by unanimous agreement of all of them, no matter if you buy the whole as only a part of the inheritance.
Article 53 the arbitration or judicial Partition the originator and the heirs, by unanimity of these, may submit to arbitration the partition or disputes that cause, even affecting the legitima. If the heirs do not reach an agreement, any of them can urge the judicial partition.
Article 54 the award despite the priority application of the principle of equality in the partition, the indivisible things or desmereixen in divide, as well as valuable collections of any kind, can be assigned to one or more cohereus who, if necessary, be careful to others.
Article 55 Payment 1. The cohereus must be placed, in proportion to his credit, the fruits and the income of the estate of inheritance; they have to reimburse the necessary costs and made in the goods; and to compensate for damages attributable to one or more of them.
2. The expenses particionals in common interest are by heredity.
Article 56 Sanitation 1. The cohereus are bound sanitation to hidden and evicció of the goods allocated, except that the partition has been made by the originator.
2. In case of reorganization to hidden, the successful tenderer shall be entitled to a compensation for the difference between the theoretical value of the award and the cash value that had the thing adjudicated.
3. The action of sanitation by evicció prescribed in the four years of deprivation of the right to the successful tenderer a firm ruling. The action of sanitation for hidden vices can be practiced within the six months following the awarding of the well, and prescribed to four years from the emergence of Vice.
Article 57 the award of credits and income 1. In the case of adjudication of a credit, the other heirs of the debtor's insolvency respond only at the time of the partition.
2. In the case of adjudication of a periodic income, ensuring the solvency of the debtor lasts four years since partition, also with the exception of Covenant in the contrary.
Article 58 Rescission for lesion of partition 1. The partition, unless the beneficiary is made rescindible by injury in more than half of the value of the goods allocated, in relation to the hereditary share, given the value of the property at the time of the award.
2. The action of termination expires in four years, counting from the date of the partition.
Article 59 Rectification of the partition Are cohereus can avoid termination if it rectifies the partition and compensate the victim, by paying more interest from the partition.
Article 60 of the omitted goods or awarded to an heir apparent will have to add.
Article 61 of cohereus 1. The partition does not modify the joint responsibility of the cohereus, but the cohereu that before the partition has paid more than I was, you can repeat it against each other.
2. repeat action prescribes within four years from the partition.
Second section. The collation Article 62 col·lacionables Goods 1. The collation only benefits the cohereus that are descendants of the originator and not the legatarios or the creditors of the inheritance. After the succession, the cohereus can give up the collation.
2. the descendants who is eligible as a cohereus in the succession of a common ascendant should only col·lacionar, to the effects of the partition of inheritance, the value of the powers that the originator has made to acts between the living free, as long as the attribution is made in the concept of legitima, or that the originator has expressly established, at the time of the Act , that the attribution is col·lacionable. However, and unless the originator has otherwise, are col·lacionables donations granted by causing in favor of one or several of the cohereus children in order to purchase a home or to establish a professional, industrial or commercial activity, to provide them with a personal or economic independence, if the death of causing other children cohereus that are still in a situation of economic dependence.
3. The originator cannot sort that the attribution is col·lacionable subsequent to the granting of an act for free, but you can dispense the collation in will, codicil or Covenant and inheritance can also exclude it in their succession.
Article 63 Collation instead of ascending the grandson his grandfather's heir must col·lacionar in the powers received by his father with a col·lacionable.
Article 64 the beneficiaries only may be beneficiaries of the collation are cohereus who are descendants of the originator.
Article 65 of the powers col·lacionables 1. The value of the col·lacionables attributions is what they have at the time of opening of the succession, calculated in accordance with the rules established by article 267.
2. This value is to be charged to the quota of the hereditary cohereu and if the value exceeds the quota, the heir should not restore the excess, always saved legitima.
3. The fruits and returns of goods subject to collation are due from the day of opening of the succession.
Chapter VII. The protection of hereditary Law Article 66 the action of petition of inheritance 1. The heir is action against heritage request the title heir owns or not, against their successors and crime, without having to prove the right of its causing on the goods flow relicts.
2. The action of petition of inheritance is dialects.
Article 67 the heir apparent 1. The heir apparent or the holder of the goods have expired to restore inheritance to the real heir, liquidant the possessòria situation according to which the property has been in good faith or in bad faith.
2. Not applicable to the restitution of property alienated to the heir apparent and acquired charges by third parties in good faith, but of the goods subrogats in the place of those.
Title II. The succession of contract chapter i. The successoral Section first. General provisions Article 68 The Concept successoral given by two or more people regulate their succession, through the institution of heir or heirs and the powers in particular, reciprocal both as on behalf of third parties.
Grantor and third parties favoured article 69 1. Can give successoral: a) the spouses or future spouses and the people who live together in a stable Union of a couple.
b) Are relatives by blood in direct line with no limit of degree, or in collateral line within the fourth degree.
c) Are relatives by blood in direct line or in collateral line up to the second degree of the other spouse or convivent.
2. a non-inheritance by licensors, do not acquire any right to the moment of the death of the originator. If the favored premor in causing, the provisions in their favor are ineffective unless Covenant in opposite.
Article 70 the ability Have ability to grant succession agreements are of legal age with full capacity to act. The favored, which is not imposed no burden, can nod if they have enough natural ability.
71 article 1 Object. Orderly succession can be paccionada with the same size and with the same terms as the tested, stating the purpose or business assistance that, in his case, is decisive.
2. The waiver of succession rights is only valid in as provided by law.
Article 72 Is 1. The succession agreements must be presented, in a public deed, which need not be of marital contracts, which must express the time and that can also contain other stipulations do not successòries, such as those of a protocol family.
2. the succession agreements can grant to power, if this includes the entire content of the Covenant.
Article 73 Nullity of the successoral 1. Is null the successoral given by people not authorised, or in breach of the requirements of capacity and shape, as well as awarded with deceit, violence, bullying or error in the person or in the object. If you have been awarded with error in the order or in the reasons, are also null whenever the error is excusable and is of the same Covenant.
2. how the contract is, the successoral cannot challenge in any case because of preterition or revoke for survival or supervenció of children, notwithstanding the right to legitima.
3. The nullity of an inheritance Pact does not determine the invalidity of the other agreements, unless they try to correspectius agreements.
Article 74 action of nullity 1. Before the opening of the succession, are only legitimate to exercise the action of nullity are licensors of the Covenant. If the cause of nullity is the lack of capacity or the existence of a vice of consent, is only entitled the party that incurred in the lack of capacity or have had the Vice. The action of nullity expires four years from the person entitled to recover the capacity or cease the Vice. In case of error, the term has since the celebration of the Covenant.
2. After the opening of the succession, are authorised persons who can benefit from the Declaration of nullity. The action expires at the end of four years of Causer's death.
Article 75 modification and resolution by mutual agreement 1. The Covenant can modify inheritance and leave without effect by agreement of the grantor, granted with the same public deed formalized requirements for the granting of the modified.
2. The power to modify and resolve successoral by mutual agreement be terminated with the death of any of the licensors.
Article 76 Revocation for unworthiness
1. The granting of an inheritance Pact can revoke it unilaterally if the favored has incurred some cause of unworthiness. This right expires in the year of knowledge or reasonable possibility of getting to know the cause.
2. The persons to enforce the causes of unworthiness can challenge the provisions made in favor of the unworthy if the originator dies without having been able to revoke the Pact before it expires or the possibility of it. This right expires in the period of one year from that known or can reasonably discover the cause of unworthiness or in the time remaining to compute it if the term has begun to run before.
3. The revocation for unworthiness cancels all the provisions correspectives.
Article 77 Revocation by unilateral will 1. The signing of a Pact can unilaterally revoke the inheritance: a) To the causes stipulated.
b) For breach of the loads imposed on the favored.
c) for non-compliance on the part of the favored from the obligation of satisfying food vitalíciament to the grantor.
d) the impossibility of determining compliance with the purpose of the Covenant.
2. The right of revocation expires four years counted from that came the fact determining the revocation.
Article 78 the exercise of the right of revocation 1. The revocation is given in a public deed that will notify to the other licensors.
2. The person concerned may object within a period of one month from the notification. If not opposed, the agreement is revoked.
3. If the person affected by the revocation opposes, you do not know the whereabouts or has not been possible for the notification, it is necessary to exert the action of revocation before the competent judicial authority within a period of one year counting from the opposition or from granting the public deed of revocation.
Article 79 effects of revocation 1. If the inheritance Pact led to the actual transmission of one or more goods to the person instituted or favored, the revocation produces the effects of the repeal of donations.
2. In case of revocation of the Covenant to impossibility of fulfillment of its purpose, the part that has fulfilled loads or obligations that have produced an enrichment in the other part has to be duly compensated.
Article 80 incidence of matrimonial crises or of cohabitation agreements in favour of the spouse or of the convivent in stable Union of a couple, or the relatives of these, they become ineffective if, subsequent to the granting, spouses or privilege enjoyed by legally separate or divorce, or their marriage is declared null, or expires the stable Union as a couple , and also if at the time of death there is pending a demand for separation, divorce or annulment of marriage, with the exception of reconciliation. The rest of the Covenants retain full effectiveness.
Second section. The inheritances 81 Article Concept the heretament or contractual institution of heir gives the instituted the quality of universal successor of the heretant with irrevocable, inalienable and inembargable.
Article 82 Heretament simple and cumulative 1. The heretament is simple when only attributes to the instituted heir quality of the heretant, while the heretant will also donate to present certain goods.
2. The heretament is cumulative when, in addition to the quality of heir, attributed to the instituted all property present in the heretant, although this excludes certain goods.
Article 83 the mutual Heretament mutual heretament mutual institution when it contains is heir between the licensors in favor of who will survive. It can also be concluded that, on the death of the survivor, the inherited goods traffic do to other people. The choice of the heir or heirs successive can be entrusted to the survivor in accordance with articles 135 and 136.
Preventive Heretament 84 article 1. The preventive heretament rest without effect for the grant of a further testament that must necessarily be notarized and open, or a new heretament. Both the one as the other must notify the other licensors of the preventive heretament for its effectiveness.
2. The preventive character of the heretament is not presumed.
Article 85 to provide Booking and mappings for llegítimes 1. The heretant can be reserved, to have it freely in donation, codicil, probate or inheritance Pact memory of particular attribution, goods and/or the amount of money that you set in the inheritance agreement.
2. The heretant can also be set for the payment of llegítimes goods or money, which will be excluded from the heretament. The allocation is not attributed to any legitimaris during the life of the heretant, but if this dies without having them attributed the goods or the assigned amounts, the legitimaris the purchase entirely still exceeding the amount that corresponds to the legitima.
Article 86 the valid heretament revocatòria Efficacy revoke any last will awarded in the past. Are given later are only effective if the preventive heretament was or if you allow the book to have.
Article 87 Transferability of Crown quality 1. If the heir instituted on heretament heretament, the injurer premor becomes ineffective, unless the heir is a descendant of the originator and has left descendants called as heirs to his legacy. If these descendants heirs are more than one, the heretant can choose one or more than one of them as a substitute in the heretament, in writing with irrevocable or testament.
2. The goods receipts for this to premort's heir in the cumulative heretament pass to his successors, except reversional Pact.
Article 88 the effects of heretament in the life of the heretant 1. The simple heretament as well as the cumulative, except with regard to the goods purchased from the present, does not limit the ability of heretant to dispose of their property charges among the living.
2. If the inheritance pact aims to the continuity of a family business or a professional, you can set the onerous transmission of these, or the actions or the social interests of the owners, as well as the waiver of the pre-emptive subscription right, it has to do with the express consent of the person instituted, if you are granting inheritance Pact , or of third parties. You can also establish rules on the administration of the company or for part of the heretant or of the heir, which may be included in the articles of Association of the family business.
3. The heretant can only dispose of their property for free with the express consent of the heir, but the reservation made in the same Pact or if you do it with the purpose of satisfying llegítimes or for liberalitats of use. Apply the same limitation for the Constitution of censuses, census or annuities.
4. The heir instituted can challenge the events given devices on or in fraud of the heretament.
Article 89 is the responsibility of the heir for the debts of the heretant 1. The heir of the debts of the previous heretant responds to the heretament with the goods transmitted in the present, made excussió of the goods and rights that the heretant has been reserved. Creditors to these debts are preferential creditors of the heir.
2. The heir does not respond in life of the heretant, with respect to debts after the heretament, with the goods purchased from the present, or with their own property. Death heretant, the heir may exclude these goods if liability is home to the benefit of inventory.
Article 90 reversional Covenant and legal reversal 1. By reversional Pact, the goods conveyed or his subrogats back to the heretant or their heirs in meet the assumption plan, with no obligation to restore the fruits perceived. In the absence of realization, it is understood by the premori heir to the heretant without leaving children.
2. The Covenant not reversional prevents the heir to reclaim the rightful legitima.
3. The heretant can leave without effect the Covenant reversional.
4. In the absence of agreement to the contrary, the heretant who is ascending the heir will happen to this if he dies without an heir, with exclusion of any other person, in all things given in cumulative heretament, or its subrogats.
Article 91 effects of heretament in the opening of the succession 1. The heir instituted on heretament cannot repudiate the inheritance, unless it's a person not giving of the Covenant, but you can enjoy the benefit of inventory.
2. The goods that the heretant was reserved for use and not willing, as well as excepted from the acquisition of present and acquired by the heretant after the granting of the heretament, are purchased by the heir on the death of the heretant.
The third section. Successoral particular attribution Article 92 Methods 1. In inheritance Pact can become individual attributions or legacies, in favor of one of the grantor or third parties. The grantor can become too specific attributions or reciprocal legacies in favor of who will survive.
2. If in the particular attribution inheritance Pact there is actual transmission of assets, the Act is considered a donation.
Article 93 effects of particular powers 1. The cause that gives a particular attribution inheritance Pact can only have the real legacies with the express consent of the favored or, if this is not part of the Pact, with the other licensors.
2. If the right attributed is lost or deteriorates due to causes attributable to the originator, or the alien or the gravel, the favored may require the value to the heir.
3. in case of premoriència of the contributed to causing, it applies the paragraph 1 of article 87.
4. On the originator, the favored with a particular attribution makes their goods regardless of the heir accepts inheritance. In the absence of what has been agreed, are applied to the specific provisions of the rules of the legacies, in that they are compatible with their nature irrevocable.
Title III. Succession and wills, codicils are tested the wills memories and first section. General provisions Article 94 the will 1. The intention of the originator stated on testament governed the succession tested.
2. The testament is a legal business of last will, very personal and revocable unilateral, through which the testator, set up one or more heirs and orders, if any, legacies and other provisions for after his death.
3. in the testament can be made the designation, modification or revocation of a beneficiary of life insurance, pension plans and savings instruments and forecasts similar. Can also be done in the codicil and in accordance with the contractual provisions or with the specific legislation.
Article 95 Ability for test 1. Are unable to test all children under fourteen years of age and those who do not have natural ability at the time of the grant.
2. The ability to test is presumed.
Article 96 types of wills 1. The testament is given before a notary individually and in a single act.
2. You can also give testament in holographic form.
Article 97 interpretation of the provisions in effect 1. In the interpretation of the testament must stick in exclusive and fully to the true will of the testator, expressed in the testament, without having to hold necessarily in the literal meaning of the words and without that they are admissible extrinsic evidence.
2. The terms ambiguous or obscure are interpreted in a sense favourable to its effectiveness, and if the contradiction is an inexplicable are not valid and are considered as not made.
3. The interpretation must always be made in favour of the less favored by the imposed loads, you have to interpret a restrictive interpretation.
Second section. Notarial wills Article 98, Identification of trial capacity 1. The notary must identify the testator, and appreciate their ability.
2. If the testator is blind, deaf, dumb or deaf-dumb or for any other reason is diminished, the sensory aspect will be the provisions of the law.
Article 99 intervention of physicians 1. When the testator is not incapacitated, the notary may ask for the intervention of two physicians who certify constatin and, if possible, that the testator has at the moment to test the capacity to do so.
2. The testator incapacitated can grant notarial testament open in a lucid interval if two physicians certify that the testator, the notary verified and accepted by the has at the moment to test the capacity to do so.
3. In both cases, physicians have to state its opinion on the same will and must sign with the notary and, if necessary, with the witnesses.
Article 100 Witnesses 1. With the exception of special circumstances of the testator, or that this or the notary ask, you do not need the intervention of witnesses.
2. The intervention of witnesses is necessary only in special circumstances when the testator in notarial testament, or when this or the notary request.
3. Are special circumstances that the testator is blind or deaf and I do not know or cannot sign or declare that they do not know or cannot read for yourself the testament.
4. The testimonies should be two, must understand the testator and the notary and must know sign. You don't have to be pregats, or who know the testator, nor does it have the same residence.
5. May not be witnesses: a) The minors and are unable to test.
b) Are Deaf, blind, and dumb who can't write.
c) Are convicted for crimes of forgery of documents, for libel or false testimony.
d) Are favored by testament.
e) the spouse, the convivent in stable Union as a couple and relatives up to the fourth degree of consanguinity or second of affinity of the heirs instituted or the designated legatarios and the notary authorising.
6. The causes of inidoneïtat also apply to physicians, interpreters and experts involved in the testament.
Article 101 the language of testament 1. The testament will write in Catalan language. If the testator does not understand this language, the notary may authorize the testament if you know the one that talks about the signing, stating that there are translated verbally and that the grantor has found himself in accordance with his will.
2. If the notary public does not know the foreign language known by the grantor or when this request a written translation in a foreign language, the authorization of the testament requires the assistance of a translator sworn, that makes the translation written, which will incorporate necessarily at the instrument.
Article 102 the will open 1. In the testament opened, the testator expresses his will to the notary, and the same notary writes the testament according to the will of the testator, with expression of the place, the date and the time of the grant.
2. The expression of the will of the testator, the notary must be direct and detailed-as well as witnesses in his case, specifying what are its specific provisions, although these may be also collected in a letter that the same testator, will deliver to the notary with complementary character.
3. Writing the testament is read to or by the testator, and, then, it is signed by him, or by two witnesses, if you declare that you do not know or cannot sign, and authorized by a notary.
Article 103 The testament closed 1. The testament closed type the testator, in the form signed or technical means, or another person chosen by him, with expression of the place and the date of the grant.
2. The testator must sign all the leaves and at the end of the testament, after saving the words ironed out, scratches, or added between the lines.
3. If the testator does not know or can not sign, you can do it by their designation another person, you have to sign at the end of the testament and on all sheets, after having made clear their identity and the cause of the failure to sign the testator.
4. The document containing the testament is introduced in a sealed envelope so that it can be extracted without tearing it.
5. Cannot give testament closed or blind or who do not know or cannot read.
Article 104 of the Authorization will be closed 1. The testator, the notary presents the sealed envelope stating that contains the testament.
2. The notary on the deck of the sealed envelope a Stagecoach, which does contain the name and surname of the testator, the time of your grant, that the envelope contains the testament and that this has been written in a signed form or by other technical means and signed by the testator. The notary kept on deposit the sealed envelope and extends the corresponding reports.
3. If the testator, declares that it does not know or can not sign, they have to sign the envelope and the two witnesses.
Article 105 of the testator's death, at the request of closed Testaments interested party and in front of two suitable witnesses, the notary proceeds to open the envelope containing the testament closed, protocol·litzant it and authorizing a new Act.
The third section. The Holograph testament Article 106 validity Requirements 1. The holographic will can only be granted to persons of legal age.
2. for the validity of the Holograph testament is demands: a) is written and signed so autograph beneficiary with expression of the place and the date of the grant. If it contains words scratches, amended, added or between the lines, the must save the signing with your signature.
b) That is presented before the judicial authority in order to be adverat and order the notarisation.
Article Adveració 107 and expiry 1. The judicial authority must adverar the testament Holograph checking its authenticity.
2. Accredited by the authenticity, protocol·litza, is witnessing the judicial resolution.
3. The Wills hològrafs expire if you do not show for their adveració within a period of four years from the death of the testator, and if it is not protocol·litzen in the six months since the firmness of the Court ruling.
Section four. The codicils and testamentary memories Article 108 Codicil 1. The grantor may have in the codicil of the goods that has been reserved in heretament, and you can add and renovate his will or, in the absence of this, sort of abintestado heirs successòries provisions.
2. you may not set up or exclude any heir, or revoke the previous institution. Neither can be named executor universal ordered replacements or conditions unless it is imposed to legatarios.
3. The codicils must be presented with the same solemn ceremonies outside the wills.
Article 109 probate Memory 1. The memory probate may contain provisions that do not exceed in aggregate of a twenty-five percent of the inheritance and that refer to money, personal items, jewelry, clothing, household items and the like, or to obligations of low importance by the heirs or legatarios.
2. The report will have to be signed in all beneficiary, with consignment of your date, as only requirement of form.
Chapter II. Invalidity and inefficiency of wills and testamentary provisions Article 110 nullity of the testament 1. The lack of institution of heir caused the nullity of the testament, unless the testator has appointed executor universal.
2. Is NULL the testament that does not correspond to any of the kind provided for in article 96, given without observing the legal requirements and capacity and awarded with deceit, violence or intimidation.
3. If the requirement of the expression of the place or the date of the grant affects the validity of the will, the lack of evidence or mistaken the constancy of these circumstances can be fix. The lack of any indication of the time does not cancel the testament, if the testator has not granted any other on the same date.
Article 111 nullity of devise 1. The error in the person or in the object, deceit, violence or intimidation determine the invalidity of the devise. Also causes the nullity the error in the reasons, if it turns out the same testament that the testator did not would have given if he had noticed the error.
2. If the testator has awarded a will because he believed wrongly that he had killed the heir instituted on testament above, is the heir instituted earlier, but remain the legacies and other provisions ordered in the last testament.
Article 112 action of nullity 1. Take action for the nullity of a testament, open the succession, the people who can benefit from the Declaration of nullity, unless they have admitted its validity after the succession. Neither the creditors can be exercised by the inheritance.
2. The action of nullity is transferable to the heirs and expires in four years, counting from the person entitled to exercise it knows or can know the cause of nullity.
3. The nullity of a provision probate does not cause the nullity of the whole will, unless so is their joint interpretation.
Article 113 consequences of invalidity 1. The invalidity of the will determines the effectiveness of previous testament valid or, if there is, the opening of the intestacy.
2. The nullity of a testament carries all the codicils and testamentary beneficiary granted memories, unless they are compatible with a previous testament valid.
Article 114 of the Conversion will null or ineffective 1. The testament is null or becomes ineffective for lack of institution of heir is worth as a codicil if you meet the requirements.
2. The testament closed that is null by default for val as a Holograph testament if you meet the requirements.
Article 115 of the devise Revocabilitat The devise are essentially revocable, unless all kinds of awards, including the recognition of marriage not children.
Article 116 Revocation of wills 1. An express revocation is the one that is ordered in testament.
2. For the sake of the granting of a will valid and effective it is tacitly revoked the earlier testament.
3. If the testator orders in testament to the previous subsisteixi in whole or in part, this keeps their effectiveness in everything that is not revoked by the later.
4. The testament merely on revoking syndical is valid, notwithstanding the absence of institution of heir, and determined that the succession is defereixi in accordance with the rules of intestacy.
Article 117 Repeal Holograph testament material 1. The will and the codicil and hològrafs, the memories will boast revoked if they are esquinçats, or destroyed, or if the signatures have been deleted, scratching or amended without saving, unless you try the facts have occurred without the knowledge or intervention of the testator.
2. If the amendment or change affects only a specific point or clause of the text, it is assumed that the testator has wanted to modify or revoke the will in this part.
Article 118 revocation of wills codicil to provisions The codicils deny the previous testament in part to be modified or is incompatible.
Article 119 revocation of wills and codicils 1. The later will revoke the codicils and testamentary reports above, unless the testator has expressly otherwise.
2. The codicil later revoke the previous one only in the modify or is incompatible. The revocation of a codicil can be done in another codicil.
3. The revocation of probate memory can be done in a probate or in a codicil later.
Coping with Inefficiency 120 article for crisis or of cohabitation 1. All the provisions ordered in favour of the spouse of the originator are ineffective if, subsequent to the granting, the spouses are separated in fact or legal actions, get divorced or their marriage is declared null, and also if at the time of death there is pending a demand for separation, divorce or annulment of marriage, with the exception of reconciliation.
2. Also are ineffective the provisions in favour of the convivent in stable Union as a couple if subsequent to the granting of the privilege enjoyed by separate in fact, except for resumption of cohabitation, or be terminated the Union because it is not the death of one of the members of the couple or the marriage between the two.
Chapter III. The institution of heir first section. General provisions Article 121 the need for institution of heir to 1. The testament must contain the institution of heir.
2. The appointment of executor replaces the universal lack of institution of heir.
3. The provision in the universal title implies the institution of heir.
Article 122 institution of heir in which some 1. The heir instituted on a certain thing, when it concurs with the heir or heirs instituted without this assignment, it is considered legatari.
2. If the heir only or all heirs are instituted in a certain thing, and prelegataris are considered to have the character of universal heirs by equal parts, if they are more than one.
Article 123 lifetime Institution the heir instituted vitalíciament, before another instituted after his death, has the character of Fiat heir and later the surrogate conditional trustee. In the absence of subsequent heir or if this is not to be, that is the character of heir to pure and free.
Article 124 usufruct institution 1. The heir instituted on usufruct, if he concurs with the universal heir is legatari. If not he concurs with the universal heir, but there are instituted another heir for after his death, has the character of Fiat heir and later the surrogate conditional trustee.
2. If there is no heir or subsequent heir instituted, or instituted does not come to be, is understood to have ordered a replacement fideïcomissària in favor of those who would be heirs of the testator, intestats at the time of extinction of the usufruct.
Article 125 joint Institution the heirs instituted without assigning parties understand called by equal parts.
Institution of heir in favour of a person and their children 1. Instituted heirs a certain person and their children, it is understood that these are called as common substitutes, except contrary will of the testator.
2. If the testator generically set up the children or descendants of a person, it is understood that are called those who, at the time of the deferir inheritance, have been born or have been conceived. But, if the testator has bequeathed the universal right to use for any ascendant of these children or descendants, it is understood that are called are born or conceived in extinguish the usufruct or the last of the following beneficial interests because of the waiver.
Article 127 of the hereditary institution in favour of children if the testator calls his heirs and legatarios without names and designation by the expression children or my children, are understood including all its descendants with subject to the legal order of intestate succession calls, except that it appears clearly that the will of the testator, is another.
128 article Institution in favour of relatives When the testator calls his heirs or legatarios without names and designation by the heirs, heirs, heirs, my legitimate intestats closest relatives, relatives, successors, those to whom the corresponding right, my, or using similar expressions, it is understood that are called as testamentary heirs or legatarios relatives who, at the time of deferir the inheritance or legacy should the testator, in accordance with the legal order of intestate succession calls, unless they derive that is another of their own.
Article 129 Exclusion probate heirs intestats 1. The originator may exclude in testament to certain people who would be called to the intestacy, so inheritance is defereix, according to the order of successions intestat, to those who have not been excluded by the testator.
2. Foreclosure leaves subsistent the right to claim the legitima.
Second section. The institution of heir under Article 130 of the Survival condition institution of heir to 1. The who's heir is always and, consequently, are not placed on the institution of heir to the Resolutive condition and the suspensive terms and resolutori.
2. The heir under the condition precedent that, once complete, accept the inheritance, the acquired with effect retroactive to the time of opening of the succession.
Article 131 the institution's Effectiveness under the condition precedent and uncertain period 1. The institution of heir under the condition precedent is defereix to comply with the condition, provided that the heir has not died before achieved. If has died, his heirs did not acquire the right to the inheritance.
2. The uncertain term implies condition, unless the contrary intention the testator. Thus, the institution of heir after the death of another person is understood to have made under the condition that will survive the instituted.
Article 132 of the conditional l'hereu 1. The heir instituted under condition precedent pending fulfillment can be of the Cordoba tentatively and administer it in accordance with the provisions of the originator and, failing that, with the powers of an executor of universal delivery of remaining. If he concurs with other heirs not subject to condition, these can make the partition of inheritance, and the heir under condition can intervene. Made the partition, it keeps the administration regime on goods that may be assigned.
2. Foisted upon the heir a negative potestativa condition without noting the deadline for compliance, the favored must finance the reimbursement of which has perceived and its fruits and income in the event of non-fulfilment of the condition.
Article 133 compliance with the condition 1.La condition is considered as fulfilled if the meeting occurs after the death of the testator, unless the condition of married or a condition that cannot be returned to comply.
2. The condition is considered incomplete if it is not satisfied within the deadline established by the testator or the resulting from the nature or circumstances of the same condition, without the compliance period may exceed thirty years since the opening of the succession.
3. The condition is understood to have fulfilled if the interested party in breach prevents can meet.
4. If you impose several conditions together all must be met, although not simultaneously. If you have not sorted together, there are enough with the fulfillment of the first.
Article 134 kinds of condition 1. Impossible conditions, the irrisòries and the perplexed are not made. The illicit will also have not made, however, if the fulfillment of the illegal condition is determining institution of heir, this is null.
2. The condition imposed by the testator, not to challenge the will or will not go to the courts of Justice in relation to his succession has not made and does not affect in any case, the effectiveness of the testament or institution subject to this condition. However, it is valid the provision directing that the judicial challenge of the testament or the partition will result in the loss of all hereditary rights, leaving saved the legitimate.
Chapter IV. The designation of heir trust Section first. The designation of heir by spouse or convivent Article 135 designation of heir by spouse or convivent 1. You can sort the institution of heir in favour of the offspring or descendants that the surviving spouse or partner in a stable Union convivent choose between the common children and their descendants, although live your ascendant. If they are different the chosen, you can set them in equal or unequal to the spouse or the convivent believe appropriate. The testator can point out to this election.
2. lack of foresight, govern these rules: a) the choice and the distribution, if any, must be made between these children and their descendants, with the possibility to choose one or more than one, in equal or unequal and saving always the legitimate of the other.
b) the spouse or convivent can impose substitutions, terms and conditions, provided that the favored are children or descendants of the testator.
c) inheritance will defereix when is the choice or the distribution, but before the surviving spouse or the convivent can pay the llegítimes and legacies.
Article 136 the election Form or distribution
1. The choice or the distribution has been made expressing that makes use of this ability, unless it is clearly in the same choice or distribution.
2. The choice or the distribution it has to be done in a public deed.
3. If the surviving spouse or the convivent dies without having exercised their right, applies the provisions of article 138. Failing that, the legacy is deferida to the children equally, and instead of premort come their descendants to breeds.
Article 137 of the heritage 1. The deferida not be administered by the testator, designated with the powers set up and, if not the has determined, with the remnant of a delivery without specific remuneration universal executor.
2. If the testator has not designated any person, the legacy is managed by the spouse or by the surviving convivent, with powers to carry out acts of investment, meet the needs of the inheritance, his or her personal livelihood, the sons and descendants and pay debts, charges and llegítimes.
Second section. The designation of heir by close relatives Article 138 designation of heir to The Crown by the testator, relatives can set up one or more descendants who choose two close relatives appointed by him or according to law, have made use of the Faculty of the choice the spouse or convivent in stable Union of a couple.
Article 139 the distribution choice or choice or the distribution is made, in a public deed, within a period of two years, extendable as legally, in accordance with the provisions of the testator, and lack of these, in accordance with the following rules: a) Elect or distributed with irrevocable the two closest inbred relatives, one for each line of parents, with preference to the older within each line.
b) the election or the distribution, in equal or unequal, it has to be made between the children and the descendants of these, in accordance with the instructions of the testator. Relatives may not impose charges or limitations.
c) compliance with the request is free, but it gives the right to the reimbursement of the expenses caused.
d) inheritance is not defereix until it becomes the choice or the distribution.
e) in the absence of choice or distribution or of lack of agreement among voters or distributors, the inheritance will defereix to the children equally, and enter instead of premort their descendants to breeds.
Article 140 of the inheritance as it doesn't have the choice or the distribution and in the absence of universal usufructuary, the administration of inheritance corresponds to the people that the testator has designated. A lack of universal usufructuary and a person designated for the purpose, the administration of inheritance corresponds to relatives that would correspond in every moment to carry out the election or the distribution.
Chapter v. The hereditary substitutions Section first. The vulgar replacement Article 141 cases of vulgar replacement 1. The testator can set up a second heir in the event that the first instituted does not get to be so because they want to or because they can. This vulgar substitution may be express or implied.
2. Unless the contrary intention of the testator, the vulgar substitution ordered for one of the cases referred to in the other.
3. illumination substitutions, specimen, fideïcomissària and waste prevention include the tacit vulgar, but the first two included only with respect to the goods from the inheritance of the substituent.
Article 142 of the vulgar substitution Effects 1. The tip-off of the inheritance in favor of vulgar substitute occurs when it has frustrated the call in favor of the replaced. However, if the substitute vulgar dies once you open the succession but before the call to the frustrated replaced, the vulgar substitute conveys his legal position to their successors.
2. The substitute happens the cause with the same conditions, modes, legacies, substitutions and other charges imposed on the part that has not come to be heir, unless they are highly personal, or the testator has prepared otherwise.
Second section. The illumination replacement Article 143 designation of substitute parents who exercise the parental authority over their youngest son of fourteen years, they can replace it pupil·larment in the testament that legitimise for the inheritance of their own, in anticipation that die before reaching the age of testing. You can also replace the son conceived that at the time of birth have to stay under their parental authority.
Article 144 of the replacement 1. The illumination replacement includes the goods that the impúber has acquired by inheritance or legacy of the parent who has prepared the replacement and who subsist largely at the time of his death, and those who make up the rest of your heritage, on which their parents cannot impose on them restrictions or charges.
2. If both parents ordered replacement illumination, govern both with respect to their respective property, but compared to the rest of the goods of the replaced it the sorted by the latest mori.
Article 145 tacit illumination Replacement replacing vulgar words of the impúber includes the tacit illumination with respect to the goods of the relict of the inheritance, unless it is a substituent other the will of the testator.
Article 146 of the law in The legitimaris only impúber legitima are entitled to the inheritance in this own legitima, of which it forms part the legitima that corresponds to the impúber in the sequence in which it ordered the replacement.
The third section. The replacement copy Article 147 Requirements Are the parents of a legally incapacitated person in life of the testator, it is legitimària his, can order a replacement copy containing, in addition to the assets of the testator, the unable to overcome her legitimate.
Article 148 concurrence of replacement 1. The orderly replacement for the ascending degree death closest, and, if they are of the same degree, take place in the heritage of the unable to all substitutes copies designated in the fees that may apply to the respective parents the rules of the order of successions intestat.
2. The goods from each of the inheritance of parents correspond to the substitute specimen respectively appointed.
Article 149 appointment of substitute
The replacement copy must be ordered in favour of the descendants, of the spouse or of the convivent in stable Union of the couple unable to, or in favor of the tutor or of the institution protect that take care of the replaced at the time of his death. A lack of these, can be ordered in favor of relatives of the unable within the fourth degree by consanguinity in collateral line. If you lack a and others, it may be in favour of any person.
Article 150 inefficiency of the replacement the replacement copy remaining without effect on the inability of the replaced, but then don't give testament, and also if the testator or the premor substitute unable, or this to ascending.
Article 151 application of the rules of the artificial illumination The illumination replacement rules are applied to the specimen to the extent permitted by its nature.
Chapter VI. The first Section trusts. Trusts in general Article 152 Concept 1. In the trust, the trust that the fideïcomitent to acquire the inheritance or bequest with burden imposed and that, after the deadline or complete the condition, make traffic to a trustee. The Trustees take place on fideïcomitent, even if you are the one for the other.
2. The trust may be universal or inheritance and particular.
Article 153 The Organization trusts can be sorted in inheritance Pact, in testament and codicil.
Article 154 Forms The trust can be ordered subject to term or condition. The trusts listed for after death the trust are conditional, except contrary will of the fideïcomitent.
Article 155-ability to be trustee 1. The trustee must have been born or conceived to be him deferit the trust.
2. in the term trust, the trustee or conceived when the inheritance or the legacy are the deferits trust, acquires the right to trust.
3. In the conditional trusts, the trustee who dies before the condition does not acquire any rights to the trust, although it will survive the fideïcomitent.
Article 156 the trust Betrayed The trust is defereix at the time that the term or condition is met.
Article 157 trust implied vulgar vulgar Substitution and 1. The testator can order a replacement vulgar in trust, replacing as the trustee recalled, in the event that this does not get to be so effectively because you can't or don't want to.
2. If the trust fails to be heir or legatari and lack of replacement vulgar, the trustee becomes trust if there is later a trustee, and if there happens to be the heir or legatari free, without in any case operate the right of transmission.
Article 158 Limits trusts 1. The fideïcomitent can draw on the trust the trust you want, provided that they are living people at the time of his death.
2. The fideïcomitent can draw as do people who have not yet born at the time of his death, although it is only effective for one call.
3. In family trusts, in which trustees are descendants, brothers or nephews of the fideïcomitent, this can, in addition, call on how many people want to not pass of the second generation, for the parties to freely determine, without limitation of calls, understanding how at first the sons or nephews of the fideïcomitent.
4. If the trust is a legal entity the trust has a maximum duration of 30 years.
5. The calls made in favor of persons of the third generation or later are understood as not done.
Article 159 Trust of choice and If the cause attributed to trust the right to choose the trustee among certain people or the Faculty of distributing among them the fideïcomesa, will be in held and Additionally, in these rules: a) the faculties to choose and distribute are highly personal and cannot be replaced or delegate.
b) if the choice has been made between children, can fall in a single or in several, as well as the grandchildren of a child premort, for equal or unequal among the chosen. You can sort common substitutions.
c) distribution can be done in equal or unequal shares.
d) cannot impose conditions, prohibitions or loads.
e) the choice has to be made in testament, codicil, inheritance Pact or a public deed, and is, in any case, irrevocable.
f) in the absence of choice or distribution, the Trustees are eligible for equal parts.
Article 160 the Trust The trust is terminated when: a) will deplete the calls.
b) all do waive your right.
c) in conditional trusts, is in breach of the condition.
Second section. Interpretation of Article expressly 161 trusts and The trust expressly or tacitly implied can be established, when clearly derive from the arrangement.
Article 162 restrictive Interpretation 1. If there is doubt about whether the testator has ordered a trust or has formulated a recommendation or a simple prayer, it is understood that last.
2. If there is doubt about whether a replacement is vulgar or fideïcomissària, it is understood that it is vulgar.
3. In case of doubt, it is understood that the trust is ordained for after the death of trust with conditional character for that matter who dies without children.
Article 163 Presumption of condition if it imposes on a child or descendant a trust in favour of a person who is not, is presumed to have been ordered under the condition that the trust dies without descendants. Excepts the case that the trust did not have offspring at the time of ordering the trust or if, having it, the fideïcomitent n ignored the existence.
Article 164 Condition not to have children the condition imposed on the trust of not having children is considered complete if you have children but did not survive, unless the express will of the fideïcomitent is another.
Article 165 Children released as a condition In the trusts listed in the case of the trust without leaving children, these are not trustees if they are not expressly referred to as such or as a vulgar substitute in trust, unless a contrary intention of the fideïcomitent.
The third section. The effects of trust while Article 166 is pending Completion of inventory
The trust must inventory by notaries or trusts assets legally within a year counting from the time when it is aware of the accusation in his favour, without the need to cite no person, but can intervene the trust that you want to.
Article 167 provision of guarantee The trust should pay guarantee for goods, excluding the trusts not subject to disappearance or disposal and that are subject to deposit or investment. If the Trustees are children or siblings of the trust, is not required to pay it. If not provided, the trust will have to deposit the goods, with the exception of those necessary for its use and that of his family, for the use of the assets of the trust or for the exercise of their profession or trade.
Article 168 Obligations with respect to real estate trusts The trust is obliged, with respect to real estate trusts, to: to) invest the money in bank deposits or in securities and assets secure prudencialment.
b) Deposit in an authorised establishment the Securities and other financial assets, stating its status as a real estate trusts.
Article 169 of The fiduciary Responsibility universal trust which has made inventory in time and is responsible for the debts of the originator as an heir who has accepted the inheritance to the benefit of inventory.
Article 170 powers of trust 1. The trust has the use and enjoyment of the property trusts.
2. In relation to the actions and social investments, apply the following rules: a) the trust endorses the agreed dividend by the company while the trust lasts, exercises all the rights that the law and the articles of Association members recognize and can bring all appropriate actions in defense of the trusts.
b) in the case of an increase of capital, are incorporated into the trust the new shares and equity released or subscribed in the exercise of the preemptive right and the amounts obtained for the transfer of these rights.
c) the trust must provide to trustees that request all the information that you have as a partner in relation to the agreements.
Article 171 of the inheritance and Division of common thing 1. The heirs of inheritance share trust can ask the partition and make it effectively with others cohereus without that made use of the trust. The trustees can attend to the partition and can challenge if done in fraud of their rights.
2. The same rules also apply to the Division of common assets, if any undivided share is recorded with trust.
3. The hereditary partition made by the originator or by an accountant partitioner and legally produced mediated effect against the Trustees.
4. The heir or the legatari prints of trust in an undivided part of inheritance or legacy, be divided into two lots or portions the inheritance or legacy, one free and the other fideïcomès, according to the rules of the partition, and then appropriate notifications to the Trustees.
Article 172 maintenance and Administration 1. The conservation and administration of the assets of the trusts, which are obligatory function trust meets personally with due diligence to be investing in the assets of its own.
2. Accordingly, it is up to the Fiat heir the payment by his ordinary expenses of preservation of the goods.
3. The extraordinary expenses of preservation or other similar charges and refactoring are satisfied by the trust in charge of the trust.
Article 173 of actions and effectiveness of judgments, arbitration awards and transactions 1. The trust has to take the necessary actions to conserve and administer diligently the property trusts, even the action reivindicatòria.
2. The judgments and resolutions issued in procedures in which you've got the intervention in the arbitration, the arbitral awards trust recaiguts have been submitted and the transactions that have become do not affect the trust that have not been mentioned or there have been involved, unless there is assenteixin, favorable to the trust, refer to acts that may make the trust for him alone or have fulfilled the rules planned for the disposal of property trusts.
Article 174 powers of the trustee about their rights 1. Before it is deferit the trust, the trustee can alienate, burn, give up and pointing to the embargo on its right to acquire the inheritance or legacy trusts, which will be outlined to the goods that correspond once deferit.
2. If the trust is not in deferir, these acts remain without effect.
Section four. Disposal of property trusts Article 175 general principle 1. The trust can alienate and record real trusts, the trust's free, in the cases permitted by law will be authorised or the fideïcomitent or the Trustees. The consideration will be subroga in the trust.
2. In the conditional trusts, the trust can have in any case of the trusts, but the effectiveness of the other device Act subject to the effectiveness of the trust.
Article 176 Disposal of goods with permission of fideïcomitent or of third parties 1. The fideïcomitent can authorize the trust to alienate and record some or all of the trust's property trusts, free, to acts between charges for living.
2. The fideïcomitent can authorize the trust to alienate and record charges for some or all of the property trusts with the permission of one or more persons designated for this purpose. If these people die, renounce or are exempted from, the trust can have without authorisation, unless a contrary intention of the fideïcomitent.
Article 177 Disposal of goods with a notice to the Trustees 1. The trust, without the intervention of the Trustees, is empowered by the law to alienate or burn the goods, the trust's free trusts, in the following cases: a) to pay the debts, the hereditary loads, the llegítimes and the legacies.
b) to finance the realisation of extraordinary expenses, necessary and useful improvements and refactoring of conservation of the property trusts.
2. in order to carry out these acts must be notified in advance to the Trustees.
3. Notice to the Trustees of the acts that are intended to make about the trust's assets must be made through the competent judicial authority, or it should be done by notarial deed. The notifications have to express the circumstances of the Act designed and must be made to all existing seed trust and certain. The parador Trustees ignored, the notification will be made by the edicts. If the Trustees are not nominativament designated beneficiary may be determined by minutes of notoriety.
Article 178 the disposal of goods under own responsibility 1. The trust may dispose of property trusts with the trust's free by: a) Sell personalty not conservables and replace those that deteriorate.
b) comply with obligations of the fideïcomitent.
c) Parcel·lar or reparcel·lar in accordance with the urban regulations, conclude agreements of expropriation and accept compensation for damages.
2. The goods obtained in Exchange for the trust is subroguen on the site of the trusts.
Article 179 Disposal of goods free of trust with judicial authorization The trust can alienate the goods free trusts trust, to replace them by others, with prior notice to the Trustees and authorisation of the judicial authority.
180 article Available free with consent of the trust estate Trustees 1. The trust can alienate and record the assets of inheritance or legacy trusts, the trust's free, by the consent of future, present or past, of all that they do get to be in the deferir trust.
2. If you do not have more trust called the living and their descendants do not need court permission to sell the property trusts, the trust's free, if you provide consent to the Act of the Trustees that would be immediately called at that time, without this implying consent waiver in the trust.
Fifth section. The effects of trust at the time of his denunciation, Article 181 effects of denunciation, The denunciation, in favor of the trustee attributed the status of heir or legatari, without the need for express acceptance, having him be delivered the goods that the trust has acquired charges by inheritance or legacy trusts.
Article 182 delivery of possession Deferit the trust, the trust or their heirs have to deliver possession of the property trusts to the trustee within a month of the injunction or notarized.
Article 183 the responsibility of trustee the heir trustee responds, since the trust and only with the goods received, debts and hereditary charges that have not been paid with goods of the inheritance, debts legally contracted by the trust in charge of the trust and settlement of the debts.
Article 184 of The settlement Duties trust or their heirs have the right to require the trustee: a) the delivery of the improvements or additions made by the trust by his, or the payment of the amount.
b) reimbursement of expenses paid by the trust to be the trust's responsibility.
c) refund of the amount that the trust has been satisfied by her because of debts and charges hereditary.
of the trust that the credits) had against the fideïcomitent.
Article 185 contesting acts in fraud of the Trust The trustee can challenge for ineffective the acts which the trust has made in fraud or damage of inheritance or legacy trusts, and claim the goods disposed of or unduly prints.
The sixth section. The trust of waste and the preventive replacement of waste Article 186 Trust of waste 1. The trust of waste exists when: a) the fideïcomitent empowers the trust to have totally or partially of property trusts.
b) on fideïcomitent orders the goods of which the trust is not willing to make traffic to a trustee.
c) Will specify the trust in the fact that, in the trust, be retained goods in the inheritance or legacy trusts not to have it ready.
2. If the trust is valid only for sell, it is understood that empowers also to do other acts of disposal charges. The Faculty of arrange for free, which has been set explicitly, is understood to have attributed to do so only to acts between living and includes also have charges.
3. The trust continues, by virtue of real subrogation on the goods or the money to replace the property trusts in consequence of the exercise of the powers of the default trust.
Article 187 Charge The value of the property trusts of which has had the trust charged that by legitima or other credits or rights can claim against the trust.
Article 188 the legal provisions relating to the provision of warranty and other obligations with respect to real estate trusts are only required in the event that, by will of the fideïcomitent, a part of the goods has been reserved for traffic to a trustee.
Article 189 preventive Replacement of waste The testator can order a preventive replacement of waste, in anticipation that any heir or legatari die leaving no successor to volunteer, so that the replacement make your goods that the heir or the legatari have acquired in succession of the testator and of which have not been willing to acts between alive, by any title or for cause of death.
Chapter VII. The legacy Section first. Bequests and its effects Article 190 Grant bequests can be ordered in will, codicil or testamentary memory.
Article 191 of the legacy Beneficiaries 1. The legacy in favour of person not born or conceived at the time of death the cause is effective if it comes to be born. It is also the provisions in favour of a legatari already set up.
2. The originator can sort legacies in favor of people who recorded with the legacy, or third party choice in a public deed and within a year from the acceptance of the engraving. The originator may leave to the discretion of the engraving with the legacy or third party determination of col·legataris.
192 article Prellegat 1. The favored heir with a legacy the acquires the title of legatari and not heir.
2. the cohereus favored with a legacy purchase title of legatarios and not their heirs, except that the cohereus make the partition of inheritance of common agreement and unanimity bypassing of the attribution of prellegats.
Article 193 vulgar Replacement 1. The originator can replace the legatari with vulgar substitution.
2. The denunciation of the legacy in favour of a vulgar substitute occurs when it has frustrated the call in favor of the replaced. However, if the substitute vulgar dies before the call to the frustrated replaced, the vulgar substitute conveys his legal position to their successors.
Article 194 recordable People may be stuck with legacy any person who by cause of death and will of causing get some equity profit. There are enough that the engraving is determined at the time to be enforceable the legacy.
Article 195 of the legacy Object 1. The object of the bequest must be determined or already set in the time of compliance by means of facts or circumstances that are of the same arrangement.
2. If the object of the legacy are future things, it is understood that are handed down in the case that exists at the time that you have to fulfill the legacy.
3. The originator can spread to the will of equity of a third party determining the legacy and their subsistence, provided that the word order of the legacy.
Article 196 of the legacy Efficiency 1. Bequests can be sorted efficiently or effectively obligacional.
2. The legacy has real efficacy when the legatari acquires goods or property rights or of credit, determined and allocated by the originator, not go extinct for his death, and also when the legatari acquires a real law that by reason of the same legacy is about the thing causing.
3. The legacy has effectiveness obligacional when the originator recorded a provision certain to deliver, make or not make in favor of legatari.
Article 197 Legacy under condition or term legacies can order under condition or under suspensive term, or resolutoris.
Article 198 Denunciation 1. The bequests will defereixen at the time of the death of the originator.
2. If it has been ordered under the condition precedent, the accusation takes place when the condition is met.
3. In the legacy ordered in favor of person not yet conceived at the time of the death of the originator or the personality of the legatari must be determined by a future, denunciation, occurs when the birth takes place or the fact that determines the personality of legatari.
4. The legacy of future thing defereix when the thing actually comes to exist if this happens in the time it reasonably expected or set by the originator. The legatari transmitted to their successors a right to the legacy, even if he dies before the testator, provided that it has outlived.
Article 199 effects of denunciation 1. The tip-off of the legacies is effective, regardless that the recorded with guest accept or repudiï the patrimonial benefit attributed the cause.
2. In the legacy of real effectiveness subject to condition precedent, the effects of the denunciation, is retrotrauen at the time of the death of the originator, but without the legatari may require the fruits or income above.
3. The mere accusation implies that, if the legacy has real effectiveness, the legatari acquires the property of the thing object of the legacy and that, if you have obligacional efficiency, the legatari becomes a creditor of engraving, except give it up.
200 article acceptance and rejection 1. The legatari that tacitly or expressly accepts the legacy consolidated acquisition, but if the repudia is considered as if it had not been deferit.
2. partial acceptance of the legacy entails their acceptance.
3. The acceptance or rejection of the legacies are irrevocable, however, if the same object of the legacy is ascribed to my opinion to any other provision of last will that ignored, you can accept it later.
4. The legatari favored with two legacies can accept one and repudiate the other, even though they are sorted in the same clause.
5. each col·legatari can accept or repudiate their share in the legacy, regardless of others.
6. The heir favored with a legacy you can accept the inheritance and repudiate the legacy, and inversely.
7. Those interested in the rejection of a legacy can exercise with respect to legatari the right of the attributes of article 26. After the deadline it will be understood that the legatari the repudia.
Article 201 of the Transmission right in the legacy 1. The deferit legacy and not repudiated is transmitted to the heirs of legatari.
2. If there is a plurality of transmissaris heirs, each can repudiate the rightful part.
Article 202 compliance and risks 1. The legatari recorded with a subllegat only have to comply with it when you register your.
3. The expenses caused by the fulfillment of the legacy are in charge of the engraving. The execution, if applicable, are the responsibility of the legatari.
4. The thing bequeathed should deliver to the legatari in the State that is at the time of the death of the originator.
5. In the legacies with real effectiveness, loss or deterioration of the thing produced before delivery are the legatari, except if the engraving has incurred guilt or mora.
6. In the generic and legacies in the alternatives, the risk is passed to the legatari from the time that you notify the specification and availability. In the other obligacionals legacies, the risk is passed to the legatari from which the engraving will communicate their willingness to comply with.
Article 203 of the thing bequeathed 1. In the legacy of the real effectiveness of something fruitful own of the originator, the legatari makes its fruits and interests from the death of the originator.
2. If the thing is the property of engraving or a third party, or if the legacy is of quantity, the legatari may require the fruits and interest since the claims or legal actions to extrajudicialment or from the day that it has promised to make the legacy.
3. If the object of the bequest is a generic thing, the legatari may require the fruits from their specification.
Article 204 Extension of the legacy 1. The legacy of an estate extends to all the buildings, even though they have been made subsequent to your ranking. Also extends to the adjacent land purchased later if the originator has Kingdom in fact to the estate and form a single functional unit or for external signs.
2. The legacy of a home includes the clothes, the furniture, including the family of origin, and the tools that make up your household at the time of the death of the originator, but not includes securities, jewellery, art objects or relevant historical or other goods that have a value in relation to the relic.
Article 205 legatari's actions and taking possession of the legacy 1. The legatari has the action recorded and against the person empowered to fulfill the legacies to claim the delivery or compliance with these.
2. In the legacy of real effectiveness, the legatari takes action to demand the delivery of the possession of the thing bequeathed, and even to defend it against any holder.
3. The legatari can not be auto-delivery of the thing bequeathed without the consent of the engraving or the Faculty for delivery, unless the cause you have cleared or it is a universal right.
4. If the bequest has effectively obligacional, the legatari can't require compliance to the heir etching while this does not accept the inheritance.
Article 206 of the legacy Guarantees The legatari may require that the engraving pay guarantee surety litigation legacies, however, in the non-legacies legitima, the originator may exclude this duty.
Second section. The types of legacies Article 207 legacy of alternative thing In the legacy of alternative thing, the cause can be attributed to the Faculty of choice to a third party, that has to do with a statement will be sent to the engraving with the legacy. Failing that, the Faculty of choice is recorded and is transferable to his heirs. The election, once made, is irrevocable.
Article 208 of the Legacy thing beyond 1. The legacy of certain thing of the engraving itself or a third party, to submit to it or to learn them to convey it to the legatari. If you can't buy it or you require a disproportionate consideration, you can release it by means of the payment of the fair value of the thing bequeathed.
2. When the originator or recorded only have a part in the object of the bequest or a right about this same thing, the legacy is effective only with respect to this part or this right, unless it is clear the desire to bequeath the thing entirely.
Article 209 legacy of generic thing determining the generic thing bequeathed the engraving, but may correspond to legatari or to a third party if you set the originator. In the absence of express concretion of the originator, the thing should be of medium quality.
Article 210 Bequests of money and other financial assets 1. If the legacy aims at all the money that the originator leave died, includes both the cash and the money deposited in sight or term deposits in financial institutions. If the legacy is limited to money that the originator has in a certain entity, it is understood equally which includes both types of deposit.
2. If the legacy does not refer specifically to money but to assets deposited in a certain entity, it is understood that includes, in addition to deposits of money, all financial assets immediately dispensed belonging to the cause at the time of opening of the succession, with the exception of the actions that make contributions to official secondary markets values.
211 article legacy of actions and social investments In the legacy of actions and social investments, corresponds to legatari the exercise of the right to vote on the basis of the accusation, although possession does not has been delivered to the heir and without prejudice to the have the articles of Association of the company participated.
Article 212 of the Legacy thing stuck 1. If the thing bequeathed is stuck with a real law limited, the legatari cannot request the recorded the extinction of the right who recorded legacy.
2. If the originator willing something empenyorada or mortgage, the payment of the debt secured by the pledge or mortgage is in charge of the heir, unless the testator has prepared something else.
3. The guarantee constituted to meet or to finance the cost of acquisition or improvement of the thing, and any other charge, perpetual or temporary, that affects, they must be supported by the legatari, responsible for the payment of the secured obligation, but the amounts that will prove up to the death of the originator are in charge of the inheritance.
Article 213 Enterprise Legacy and universality the legacy of universality of things or companies is considered a legacy of unique thing, and extends to all items that at the time of his death in causing constitute the good legacy or have been integrated or attached in a way organic.
Article 214 Legacies of credit and debt 1. The legacy of a credit or release of a debt is only effective in the part of subsistent debt or credit at the time of the death of the originator.
2. The generic legacy of debt remission only includes the debts prior to the date of the will.
3. If the originator, without making mention of the debt, arranges a legacy in favour of his creditor, it is assumed that the legacy has not been ordered to pay back the credit of legatari.
Article 215 of the universal right to use Legacy 1. The legacy of the universal right to use has real effectiveness, extends to all the goods, without prejudice to the ancient llegítimes, and can be attributed to the user default powers on the goods usufructuats.
2. The originator can relieve the user from the obligation to make inventory and pay guarantee.
Article 216 part Legacy amount 1. The legacy of some amount has obligacional character and gives the right to attribution of hereditary property in the part that corresponds to the fee fixed by the liquid causing.
2. The legatari of part amount does not respond to the obligations and the hereditary charges.
Article 217 food Legacies the legacy of food includes everything that is necessary for the maintenance, housing, clothing, medical care and education of the favored.
The third section. The ineffectiveness of legacies legacies Revocation Article 218 the legacy has always understood revoked when the originator beyond the right or right legacy.
Article 219 Termination 1 legacies. The legacy is terminated if the well is outside of trade or lost, or if the provision becomes impossible.
2. The change of species or the substantial transformation of the fine furniture legacy that you have lost the way or the designation is equates to loss and terminated the legacy.
Article 220 Reduction or removal of legacies too 1. If the value of legacies exceeds what the engraving obtained by cause of death, this may reduce or delete, unless meets entirely knowing that are excessive.
2. The reduction does not affect the legacies attributable to the part of the legatari covering the legitima it legitimari.
3. The heir can enforce this reduction although it has not accepted the inheritance to the benefit of inventory.
221 article order and practice of reducing 1. The reduction of excessive legacies is done in proportion to their value, unless the testator has established another order.
2. the legatarios can avoid the reduction by paying to the heir in the amount money.
Chapter VIII. The modal provisions and prohibitions of Article 222 inheritance Mode 1. The heir to the legatari imposes on mode and a burden, target or limitation, which is not attached to other rights that apply for compliance, without direct benefit redounds from whom you can ask for it.
2. If the originator credited any different law in favor of a certain person or persons, it is understood that has had a legacy and a mode, although the cause is worth of this expression.
3. In case of doubt about whether the testator has imposed a condition or mode, or a simple recommendation, it gives preference respectively, to the mode or in the recommendation.
Article 223 votes for Provisions and copies if the originator intended a portion of their goods to the vote, and pies, indeterminadament and without specifying its application, the print has to sell and deliver half of the amount to the religious confession to which belonged the originator, for these votes and to meet your needs , and the other half to the State, in order to apply them in institutions or health care purposes of the last domicile of the testator in Andorran territory. If the destination is done in favor of the poor in general, goods or its amount must be delivered to the State, in order to apply them in the same way.
224 article Bans have on the will 1. The prohibitions or limitations of having only be effective if they are temporary. May not exceed the life of an individual or of thirty years. If it has not been set a deadline, it is understood that last the entire life of the engraving.
2. affected by the ban may request judicial authorization to provide for a just cause.
Chapter IX. The Trustees of Article 225 Appointment 1. The originator may appoint one or more trustees of universal or individuals, as well as substitutes, because they run in their succession orders that sort.
2. The originator can authorize the appointed to designate substitutes so as to delegate its functions, provided that they do so in a public deed. In case of vacancies, which are assume the functions and the powers of the other.
Article 226 capacity and standing 1. Executor can be anyone with the capacity to be bound.
2. Can be the heir, the legatari and the other by the succession.
227 article acceptance, excuse and Disclaimer 1. The position of executor is voluntary, but once accepted, the agreeing cannot excuse without just cause legally valued.
2. If the appointed executor, required by a person interested in the inheritance, does not accept the position before a notary public within the month following the notification, it is understood that the waiver.
3. The waiver of the charge or the justified excuse do not involve the loss of hereditary rights, unless the testator has it sorted.
Article 228 Allowance and expenses 1. The executor is free, unless the order expressly given compensation and quantified.
2. All the judicial or extrajudicial costs caused by the actions of the Trustees are by heredity.
3. The Trustees are entitled to the reimbursement of the expenses caused by the exercise of their function.
Article 229 Executor universal 1. The universal executor receives from causing the Commission to deliver the inheritance in their universality to persons designated by him, or to allocate it for the purposes expressed in the testament.
2. The appointment of executor replaces the universal lack of institution of heir in the will.
3. The universal realization of all marmessoria can be a monetary inheritance or a part of this, or of direct delivery of the remaining hereditary property, depending on which order the cause.
4. In case of doubt, it is understood that the executor is universal direct delivery of remaining.
Article 230 powers of executor universal 1. The executor is universal faculty for the Cordoba of the inheritance and administer it as the heir, dispose of their property with the extension expressed in articles 231 and 232 and perform the acts necessary to comply with the will of the testator.
2. The executor is also procedurally entitled universal for all disputes or issues that arise over the inheritance, the hereditary property and acts of last will of the originator.
3. The executor has to do universal inventory of inheritance within the year following the acceptance of the position.
Article 231 Marmessoria universal marmessoria universal realization of The inheritance of a monetary inheritance enables the executor to: to) Alienate charges for the goods.
b) Collect credits and cancel the guarantees.
c) Withdraw deposits.
d) Satisfy debts, charges and taxes.
e) fulfil the legacies and other devise.
f) Asked fulfillment of fashions.
g) Pay the llegítimes.
h) to carry out all acts necessary to carry out the public deed of the goods of the inheritance.
Article 232 universal Marmessoria of direct delivery of goods remaining The universal marmessoria of direct delivery of remaining empowers the executor for: a) to satisfy the debts, charges and taxes.
b) Fulfill the legacies and other devise.
c) Asked fulfillment of fashions.
d) Pay the llegítimes.
e) to carry out acts of carrying out monetary to the extent necessary to make the previous payments and corresponding costs of tickets. The challenge of these devices acts will not affect its validity against third parties acquired in good faith.
f) if there is no counter partitioner, making the partition of inheritance.
Article 233 target of the inheritance to the poor, or votes in case the originator leave his inheritance to the poor people to vote, or designated beneficiary): must comply with the order and, failing that, you have to meet the religious confession and legally recognized or State, respectively.
b) if the originator does not specify how to apply the goods or its amount, will have to observe the rules of article 223.
c) the fulfilment of the order, in the absence of an express provision of the originator, is governed by the rules of the universal marmessoria of realization of inheritance.
Article 234 Executor particular 1. The executor particular must comply with the order or execute wills provisions ordered by the originator.
2. If the originator has not awarded any project, the executor should particularly take care of burial or incineration of the funerals and pious destination of the originator, the vote of the governing bodies or the body and ask for the fulfillment of the modes that you have ordered.
Article 235 fulfillment of the Commission 1. The executor must comply with your request within the period granted, which can be expanded to all the heirs of common agreement.
2. lack of deadline, if the executor has not fulfilled your order within one year from the acceptance of the charge, any interested party may obtain from the judicial authority, which is required because the meet within the deadline that you indicated.
3. In any case, the deadline set by the originator to the executor for the fulfillment of the order may not exceed fifteen years.
4. Universal originators and the individuals should be held accountable to the heirs, the favored or, if you must allocate the goods or money to purposes of public or general interest, to the judicial authority.
Article 236 Cessation The executor cease death, inability to exercise it, excuse, coping with disability or removal based on a fraudulent behaviour or seriously negligent. Also removed have fulfilled the Commission and for having after the deadline I had to meet him.
Article 237 the Commission 1. When it is not any executor or no substitute in the exercise of the Office and has not yet fulfilled the mission or the job of the executor universal, or to particular orders, any interested in the succession may request the judicial authority that, if you believe appropriate, designate one or more trustees datius with the same functions and powers that the Trustees of upholstered headboards.
2. Notwithstanding the provisions of paragraph 1, if the marmessoria before the Commission or the mission have been fulfilled, the compliance with equally the heir.
Title IV. The intestacy chapter i. General provisions Article 238 opening of the intestacy 1. The intestacy opens when: a) a person dies leaving no heir contractual or business in the whole inheritance, or b) the appointed or appointed did not come to be.
2. If the originator of the succession has been willing only to a share of his inheritance, the fee that has not been ready is deferida to his heirs intestats.
3. in case of concurrence of heirs designated by the originator and heirs: a intestats) If a vacancy occurs in the membership fee set by the originator, in lack of substitute vulgar, the vacancy, doses of the other cohereus called in the same fee with preference to called by law with respect to the other hereditary share.
b) If a vacancy occurs in the quota attributed to intestats heirs, the vacancy is defereix other cohereus intestats.
c) Are called to happen may not accept a fee and repudiate the other, when called as intestats heirs are the same heirs instituted by causing in testament or heretament.
Article 239 The tip-off in the intestacy in intestacy inheritance will defereix at the time of the death of the originator for the people who live in that time or that they are conceived and they get to be born.
Chapter II. The system of the intestacy Article 240 legal Calls 1. In intestacy, the law calls as heirs of causing their relatives by blood and by adoption and the widowed spouse or the surviving partner in convivent stable Union under the terms and within the limits and the orders established by this law, without prejudice, if any, of the llegítimes.
2. lack of people mentioned in the previous section, the Andorran State occurs, in accordance with the provisions of this law.
3. The widowed spouse or convivent in stable Union of a couple, if you do not correspond to be heirs, they acquire the rights provided for in paragraph 1 of article 249.
Kin 241 article 1. The proximity of the relationship is determined by the number of generations. Each generation forms a grade and each series of degrees a line. The line can be direct or collateral.
2. The line is direct if people are descended from the other, and can be descending and ascending. The descendant the parent with who are descended. The ascending connects a person with those of which descends.
3. The collateral line is if people do not descend from the other, but come from a common trunk.
Article 242 of kinship Calculation 1. In the direct line grades will be calculated by the number of generations, the discounting of the parent.
2. In the collateral line grades will be calculated by adding up the generations of every branch coming out of the common trunk.
Article 243 principle of proximity of degree in the intestacy, the call of the nearest degree excludes the other, except in cases where it is coming from the right of inheritance.
Article 244 Succession by degrees and commands 1. If none of the closest relatives called by the law not to be heir to any cause or is excluded from the inheritance by unworthiness inheritance, the inheritance will defereix to the next, and so on, first degree in degree and order in order to reach the State of Andorra.
2. If only one or some of the calls do not get to be the heirs, hereditary share that would have corresponded to the doses of other relatives of the same degree, with the exception of the right of representation, if applicable.
3. The provisions of this article shall be understood without prejudice to the right of inheritance transmission of inheritance deferida and not accepted and other cases in which the law establishes an order of succession special.
Article 245 Right of representation 1. By right of representation, the descendants of a person premorta, declared absent or unworthy are called upon to take his place in the intestacy.
2. The right of representation is only applied to the descendants of the originator, without limitation of degree, and nephews, but not extending to the descendants of these.
3. The representative that, by rejection or another cause, fails to be heir to the represented does not lose the right of representation.
Article 246 of the heritage Division 1. In intestacy, the inheritance is divided in equal parts between the calls that have been accepted, except in cases where the law provides otherwise.
2. When you apply the right of representation among descendants, the Division is made by branches or breeds, and representatives of each branch are divided in equal parts the portion that would have corresponded to their represented. If a stock has been divided into a number of branches, the branch of the inheritance is also done for breeds within each branch and heads between the people who make up.
3. When it is applicable, the right of representation in the collateral line, the Division is made in accordance with the provisions of paragraph 2 of article 256.
Chapter III. The order to happen first section. The direct line succession in descendent Article 247 Tip-off to the children and descendants of subsequent grade 1. In intestacy, the legacy is first defereix the sons of originator, in its own right, and their descendants for the right of representation, without prejudice, where applicable, of the rights of the widowed spouse or convivent in stable Union of a couple.
2. In the event of rejection of one of the calls, the doses of the other of the same degree.
3. If repudien all descendants called the same degree, the legacy is defereix to the descendants of the following degree, in its own right, but with the Division of inheritance to breeds and in equal parts between the descendants of each lineage.
Article 248 the succession of adopted children 1. The adopted children and their descendants have respect for adoptive parents and their parents the same rights as the biological descendants.
2. adopting prevents Conversely the intestacy between the adopted and his family of origin, except that a spouse or a member of the stable Union of a couple adopt the child of the other spouse or of the convivent.
Second section. The succession of the widowed spouse and the couple in convivent stable Union Article 249 widowed spouse's Succession and convivent 1. If you attend with sons of originator or descendants of these, the widowed spouse or the surviving partner in a stable Union convivent has the right to usufruct over the fifty percent of the inheritance, free of bail, while it may negotiate with the heir or heirs the switching of their right to the property in full attribution that freely estipulin.
2. This usufruct is incompatible with the fourth armed you can correspond to the widower, widow or convivent sobrevivents, in which case you will have to opt for one or the other right.
3. If the tortfeasor dies without children or other descendants, the inheritance will defereix to the widowed spouse or convivent in stable Union of a couple. The parents of causing keep in this case the right to legitima, but will not have the same right to other parents.
Usufruct 250 article 1. If the widower or the convivent couple in stable Union concurs with minor heirs of legal representative, may exercise its representation for the acceptance of the inheritance, without the need for the intervention of a judicial Defender, and pre-empt the usufruct.
2. This usufruct expires by the General causes of extinction of the right of usufruct and, in addition, is lost in the case of the usufructuary celebrates new marriage or happen to live maritalment with another person.
Article 251 of Switching the right to 1. The widowed spouse or the surviving partner in convivent stable Union can negotiate with the heir or heirs of switching their right of usufruct to the attribution of some amount of the inheritance or the full domain of specific goods and certain, with inclusion or not of the conjugal home or family.
2. The option can be agreed within a period of one year from the death of the originator and expires if the widower or the convivent expressly accepts the adjudication of the usufruct.
Article 252 Lack of law to happen 1. The widowed spouse is not entitled to happen abintestado the originator if at the time of the opening of the succession was legally separated or in fact, with the exception of reconciliation between spouses and as long as the separation in fact proven by any means accepted in law.
2. If at the time of the opening of the succession there pending a procedure of annulment of marriage, separation or divorce, the heirs may continue the action and wait for arbitrator judgment in order to recognize or not the survivor's right to inheritance.
3. Either there is entitled the survivor of a stable Union of a couple if it was separated from the cause at the time of the death.
Article 253 Attribution expressed in the Declaration of the rights of heirs widower or convivent in stable Union partner in the intestacy should be attributed specifically in Crown statements intestat, which is carried out by judicial declaration.
The third section. Succession in direct line ascending Article 254 Tip-off to parents and parents 1. If the originator dies without children or descendants, no spouse or convivent, the inheritance will defereix to parents, in equal parts. If only one of the two survives, the tip-off to this extends to the entire inheritance.
2. If the parents are missing, the inheritance will defereix to the ancestors of the nearest degree. If there are two lines of relatives of the same degree, the inheritance is divided by lines and each line for heads.
Section four. The succession of the collateral If the collateral to denunciation, Article 255 dies without children or descendants, spouse or convivent, or ancestors, the inheritance will defereix to the collateral relatives.
Article 256 brothers and sons of brothers 1. The brothers, in their own right, and the children of brothers and sisters, by right of representation, the originator preferably take place in the other collateral without distinction between dual brothers link or single link.
2. If you contribute to the brothers and sons of brothers and there is a single stock of nephews, these perceived, for weekends, which corresponds to the stock. If there are two or more, build up the parts that correspond to the named breeds and all the nephews that integrate happen on the set for weekends.
3. If it defeats the tip-off to one of the nephews, the vacancy, doses of all other nephews to equal parts. If the nephew is unique in the race or if you frustrate all the delacions to refuse the same lineage, the vacant doses the living brothers of the originator, if any, and of the other nephews, with application of the rule of Division of the second section.
4. In the absence of brothers, the nephews happen the cause in its own right and for weekends.
257 article appeal to other collaterals
In the absence of brothers and sons of brothers, the legacy is defereix to the other relatives of the nearest degree in collateral line in the sixth grade in the collateral line, without the right of representation, without distinction of lines and heads.
Fifth section. The succession of the State Article 258 Succession on lack of relatives until the sixth grade 1. If you lack the people set out in the preceding articles, the Andorran State occurs, which acquires with acceptance to the benefit of inventory, without that you can divorce, and through judicial declaration of previous heir.
2. The State must allocate the goods inherited or your product or value in social welfare establishments or institutions of culture, preferably in the town where he was the last habitual residence of tortfeasor in Andorran territory. In the absence of these, must be allocated to establishments or institutions of the parish of its population or, if there is a lack, the general in charge of the State.
Chapter IV. The succession of the impúber Article 259 of the core Character The intestacy of the originator impúber is to say, of a minor of the age of fourteen, in the absence of replacement illumination, is governed by the following rules: a) In goods from a parent, or other relatives of this within the fourth degree, purchased for free, are called to the succession , by his order, the closest relatives of the impúber, within the fourth degree on the line from which the goods originate.
b) if survives the parent on the other line, retains its right to the legitima on real fingers.
c) in other assets of the impúber, as well as the fruits of the core assets, the intestacy is governed by the General rules, regardless of their lines.
Chapter v. Real Estate 260 core core core real estate Article Are the real rights and formed about them, as well as the actions and/or social interests that the originator had acquired to profit from his relatives up to the sixth grade or by Exchange of other core assets.
Article 261 succession in core goods if the originator intestat dies without descendants, are called to happen in core assets their relatives belonging to the family of the originating goods in accordance with the following order: 1. your parents. If you lack the parents are called the parents of the nearest degree.
2. The brothers, without double preference link and with the right of representation.
3. The widowed spouse or convivent in stable Union of a couple.
4. The other collateral relatives up to the sixth grade, excluding the most grade next to the most remote, without representation and provided by equal parts.
Title V chapter I General provisions Article the legitima 262 confers The right to a right to credit legitimaris legitima legitima get in the legacy of causing a heritage value that this be attributed the title of institution of heir, legacy, particular attribution, donation or in any other way.
Article 263 entitlement and acceptance 1. The right to legitima was born at the time of the death of the originator, and is presumed accepted while not expressly in renunci, pure and simple.
2. The right to receive the legitima is transmitted to the heirs of legitimari, except in the case regulated by article 286.2.
Article 264 waiver legitima future 1. Is null the unilateral acts, the stipulations in the contracts and inheritance Pact of transaction or of any other nature granted before the death of the originator that imply renunciation of the right of legitima or harmful content.
2. However, are valid, if given in a public deed: a) the Covenant between spouses or privilege enjoyed by couples in stable Union under which surrender legitima that may correspond in the succession of common children and, in particular, the Covenant of survival in which the survivor waives the you may correspond in the intestacy of the son impúber died.
b) the Covenant between children and parents by which the latter relinquish the legitima that may correspond in the inheritance of the son premort.
Chapter II. The legitimaris and the determination of the Law Article 265 legitima descendants and legitima representation 1. Legitimaris are the sons of originator to equal parts.
2. The children premorts, the disinherited precisely, are declared unworthy and absent are represented by their respective descendants to breeds. This right of representation does not extend to other economic powers arranged by the originator in favor of the represented.
3. In case of adoption of children of the spouse or of the convivent in stable Union of a couple, the adopted father of origin legitimari is not replaced by the adoption and, if this had been killed nor is, by right of representation, in the succession of the ancestors of this. The same rule applies in the adoption of orphans by relatives up to the fourth degree, in relation to the succession of the ancestors of the family branch that has not taken place the adoption.
Article 266 Legitima of parents if the originator has no descendants that have survived, they are legitimaris the parents by half. If only one parent survives, it belongs the right of legitima entirely.
Article 267 amount and calculation of the amount of the legitima legitima is the fourth part of the amount that results from applying the following rules: a) The initial amount is the value of the goods of the inheritance at the time of the death of the originator, with deduction of his debts and the expenses of his last illness and the burial or incineration.
b) adds the value of the property disposed of by the originator, liberalitats free use computerized excluded, as they had at the time of the originator, with deduction of the expenses and extraordinary repairs costejades by donatari, and adding the estimated value of the damage because of the own donatari.
c) if the donatari has alienated the goods given or if the goods have been lost because of the same donatari, it adds the value they had at the time of the transfer or destruction.
Article 268 individual Legitima to fix the individual the number it is legitimari do legitima heir, which has renunciada, the desheretat just and declared unworthy of happen. Do not number the premort and the absent, unless they are represented by their descendants.
Chapter III. The attribution, the imputation, the perception and the payment of the Article title of Attribution 269 legitima inheritance or legacy
1. The institution of heir and the legacy in favour of legitimari involve always attribution of legitima, although the legitimari repudiï the inheritance or renounce the legacy, since it is understood that waiver also legitima.
2. The legacy ordered in concept of legitima or attributable to it other than simple legacy of legitima must be money, even if it is not in the inheritance, or assets of the inheritance. Otherwise, the legitimari can choose between simply accepting it or give it up and require that you to legitima corresponds.
3. The legacy of legitimate attributes any right to additional legitimari that has been at the same time instituted heir or helped with other legacies.
Article 270 imputation of private donations and powers 1. Are attributable to the legitima donations granted by causing with express Covenant imputation or made in payment or to Bill the legitima. The character of the eligible donation should be made expressly in the moment of their granting and cannot be imposed later.
2. Are also attributable to the legitima, except contrary provision of the originator: a) donations made in favor of the children to purchase your home or engage in an activity that provide economic independence.
b) The attributes private inheritance Pact and assignments of property for the payment of llegítimes, made also in public deed of inheritance Pact.
3. In the inheritance of the grandparents, are attributable to the legitima grandchildren the goods received by the parents represented that would have been attributable to his legitima.
4. The originator may leave without effect the imputation to the legitima in testament or codicil and inheritance Pact or by declaration made at another ceremony between alive in public deed. The waiver of imputation made in a public deed is irrevocable and revocable in inheritance Pact is only for legal reasons or agreed between the parties.
Article 271 qualitative Intangibility 1. The originator may not impose on the legitima conditions, terms or modes, nor burn it with usufruct or other loads, or hold it in trust. If you do, you have not to put. However, if the provision concerned has a value higher than the legitima, the legitimari must choose between accepting it in the terms in which it is attributed or claim legitima strict.
2. If the legitimari accept the inheritance or bequest subject to any limitation, it is understood that waiver to challenge it.
Article 272 legitima Supplement 1. If the value of the attribution of legitima for any title amount exceeds this, the legitimaris make your excess as a mere liberality; but, if the value is lower, may require that the remaining part as a supplement of legitima.
2. If after the payment of the property of the originator, the new legitima legitimari has the right to supplement that corresponds.
Article 273 Payment 1. The heir or the persons empowered to do so may opt for the payment of the legitima or, if applicable, of the additional cost, in money, though there is not in the inheritance, or in goods of inheritance, provided that for the disposal of the originator does not corresponds to legitimaris of perceiving them by way of institution of heir, legacy or assign a specific well, particular attribution or donation. Made the option and started paying a certain way, the legitimari may require the rest of the payment in the same way.
2. If you opt for payment in goods and the legitimari will not be satisfied with that you intend to allot, it may resort to the judicial authority, which has to decide according to equity.
3. In any case, the judicial authority may order that expert evidence in order to practice to learn the quality and value of the goods that make up the heritage and of the lot that you want to allot to the legitimari.
Article 274 valuation of assets the assets of the inheritance awarded on payment of the legitima are estimated by its value at the time of the award.
275 article Interests 1. The originator may have that do not interest them or establish meriti legitima amount.
2. lack of forecasts of the originator, the legitima paid the legal interest from the time of his death, unless the legitimari lives with the heir or the universal usufructuary of inheritance and in charge of this.
3. The supplement of interest-only is legally payable legitima since claimed.
4. If the legitima is made effective by means of a specific good legacy, the legitimari favored endorses, instead of interest, the fruits that the well produces from the death of the originator. The same applies to the allocation of specific goods made in public deed of inheritance Pact, if the goods have not been delivered in the legitimaris before the death of the originator.
Article 276 Responsibility the heir responds personally paying the legitima and supplement.
Chapter IV. The desheretament and the legitimaris of Preterition preterition 277 Article 1. Legitimari is the preterit to whom the originator has not made any attribution for legitima or attributable to it and it has not been either desheretat.
2. If the preterition is flawed, that is to say, if the legitimari preterit is a descendant of the originator who is born or has become legitimari after giving the testament or the existence of which was ignored by the tortfeasor at the time of testing, it has action because the will is ineffective reporting and, if necessary, the codicils awarded by the originator. You except the following cases: a) if the originator has instituted heir only, in all the inheritance, the spouse or partner in a stable Union convivent.
b) if the originator has instituted heir only, the entire inheritance, a child or other descendant and at the time of grant testament had more than one child or at least one son and a lineage of premort son.
c) if the relationship of filiation under which becomes legitimari has been legally determined after the death of the originator.
3. The legitimari by right of representation can only exercise the action of preterition erroneous if the represented, in case of having survived the originator, I would have been able to do.
4. If the preterition is intentional, the preterit legitimari may require that you to legitima corresponds.
5. The simple generic recognition of the right of legitima who corresponds or the attribution of a simple legacy of legitima in favour of all the children does not exclude the right of legitimaris to exercise the action of preterition erroneous if appropriate in accordance with paragraphs 1 to 3.
6. The action to challenge the will and codicils due to erroneous preterition expires at the end of four years of the death of the testator.
Article 278 The desheretament and their causes 1. The desheretament is the deprivation of their right to legitimari the legitima of causing, according to any of the reasons established by law.
2. the causes of desheretament that allow you to deprive the legitima to legitimaris: a) the causes of unworthiness listed in article 7.
b) the denial of food to the testator or his spouse or convivent in stable Union of a couple, or to ancestors or descendants of that, in cases where there is a legal obligation to pay them.
c) serious maltreatment to the testator, to your spouse joined in marriage or civil Union or convivent in stable Union of a couple, or to ancestors or descendants of the testator.
d) The suspension or deprivation of parental authority that corresponded to the parent legitimari about the son causing or corresponding legitimari son on a grandson of the originator, in both cases due to causes attributable to the suspended person or private of the authority.
Article 279 desheretament desheretament The requirements for one of the reasons established by law has to do with the formalities required for testing, and may not be partial or conditional.
Article 280 Reconciliation and forgiveness 1. Reconciliation and forgiveness for unquestionable acts granted public deed leave without effect the desheretament, whether they are above such as after this.
2. Reconciliation and forgiveness are irrevocable.
Article 281 Challenge of desheretament 1. If the legitimari desheretat challenges the desheretament, the proof of the case corresponds to the heir.
2. If the desheretat claims reconciliation or forgiveness, the test corresponds to him.
3. The action of refutation of the desheretament expires in four years of the death of the testator.
Article 282 unfair Desheretament 1. The desheretament is unfair: a) If you do not meet the requirements of the form.
b) If, in case of dispute, the test is not sure of the cause.
c) if there has been reconciliation or forgiveness.
2. The legitimari desheretat unfairly may require the legitima.
Chapter v. The inoficiositat Article 283 Inoficiositat legitimària 1. Yes, discounted debts, does not undermine the assets sufficient to pay the llegítimes, can be reduced and deleted by inoficiosos legacies in favor of strangers or of the same legitimaris in the part that exceeds their legitima. For this purpose, the effective life of assignments not made legitima in causing will equate to legacies.
2. Later, can also be reduced or removed, if necessary, the calculable donations for the calculation of the specific powers granted by the originator and legitima made in Covenant inheritance in favor of strangers or legitimaris, in the part not attributable to the legitima.
3. affected by the inoficiositat can avoid its consequences by paying to legitimaris in money the amount that they have to register.
Article 284 order of reduction 1. The reduction is done in proportion to the value of the provisions concerned, respecting applicable the order imposed by the originator.
2. The originator cannot alter the order of consideration in the reduction of donations or have that donations be reduced before the bequests.
Article 285 inoficiositat action 1. The action for inoficiositat corresponds only to the legitimaris and to their heirs, and the heirs of the originator.
2. The action of inoficiositat expires in four years of Causer's death.
3. The creditors of the originator cannot benefit from the reduction or suppression of donations for inoficiositat.
Chapter VI. The extinction of the legitima Article 286 Causes of termination 1. The resignation, the desheretament and the Declaration of unworthiness burn out the individual legitima.
2. The legitima of parents will be terminated due to death of legitimari without having the claimed.
3. The individual legitima extinct is integrated into the inheritance.
Article 287 Prescription the action to demand the legitima and your surcharge prescribed in fifteen years of Causer's death.
Title VI. The fourth Article in the fourth Law 288 armed armed 1. The widowed spouse or stable Union in convivent couple who, with their own assets, which might be entitled by reason of settlement of the marital regime and those in succession tested the cause attributed to causes of death or in contemplation of this, do not have sufficient financial resources to meet their needs, has the right to get in the succession of the spouse or convivent premort the participation you need to serve them up to a maximum of one quarter of the inherited assets liquid, calculated in accordance with article 267.
2. To determine the needs of the spouse or of the convivent creditor must take into account the standard of living they enjoyed during the coexistence of cultures and heritage relicts, as well as their age, State of health, wages or income that is finally decide, foreseeable economic prospects and any other relevant circumstance.
Article 289 of the law 1. The widowed spouse or convivent in stable Union partner has no right to claim the fourth armed if at the time of the opening of the succession is located in one of the situations covered by article 252.
2. You will lose the right to the fourth armed if the consort or convivent screws up again or maritalment lives with another person, but will not restore the fruits that were perceived as gaudí of the fourth.
Article 290 the calculation to set the upper limit of the value of the goods is calculated fourth liquid relict armed at the time of the death of the originator, it discounted the value of the property to the widowed spouse of inheritance or convivent in stable Union of a couple, and adds the value of the property donated or alienated in 1181 by causing , not including donations made to the widowed spouse or convivent.
Article 291 Claim and payment 1. The fourth armed confers a personal action against the heirs of the originator.
2. The heir or the persons empowered to carry out the payment can choose to do it in money or in property of the inheritance.
3. The fourth armed paid interest since it is claimed to be subpoenaed.
Article 292 Reduction or removal of legacies and donations 1. The widowed spouse or the convivent and the heirs of the originator may exercise, if it is necessary to pay for the fourth, an action for the reduction or removal of legacies, donations, and other attributes to cause of death.
2. Can not be deleted or reduced the legacies, donations, or other attributes in concept of legitima or which are attributable to it, in the part corresponding to the amount of the legitima.
Article 293 Termination 1. The right to claim the fourth armed expires: a) resignation after the death of the originator.
b) by marriage of survivor or the marital cohabitation with another person before having it played.
c) for the death of the widowed spouse or convivent in stable Union as a couple without having it played.
d) For suspension or deprivation of the parental authority of the widowed spouse or convivent in stable Union of a couple, because that is attributable, on common children with the originator.
2. The claim to claim the fourth armed prescribed at the end of four years of Causer's death.
Additional provisions First. Rules of private international law 1. Competent court the courts of the State of Andorra are competent to resolve on the whole of the succession due to death, when the personal law of the originator at the time of death to be the Andorran banks. The Andorran courts are also competent in cases in which the originator had at the time of his death the domicile and residence in the Principality of Andorra and also when he was the owner of the assets or rights located in the Principality of Andorra.
2. Applicable Law 1. The law applicable to the whole of the succession is the personal law of the originator, determined by the nationality at the time of death.
2. If, exceptionally, is clearly of all the circumstances of the case that, at the time of death, the originator had a manifestly narrower with a State different from the one the law of which is applicable according to the previous section, the law applicable to the succession shall be to the other State.
3. Testament in foreign country 1. The Andorran people can make testament abroad, in accordance with the law of the country where they are, even Holograph, although the legislation of the foreign country does not support, but not labour, although the legislation of the foreign country the supports.
2. The testament open or closed can be given, in accordance with this law, in front of the diplomatic or consular officer of Andorra, which have recognized notary functions.
Second. Sources of private law 1. Sources of law in) the right of the Principality of Andorra is constituted by law, custom and the General principles of law.
b) law, as a set of provisions of international agreements with bodies and legislative capacity below the principles of hierarchy and legislative competence, is a preferred application.
c) custom, plea and tested, only ruled in default of applicable law.
d) the General principles of law report and make up the legal system of the Principality of Andorra.
2. The provisions of the civil law rules Supletorietat are common law and apply as a sense in matters governed by other laws.
3. subsidiary Law as it does not legislate in matters of private law, it applies to the common law as an extra called romano-canonical, in accordance with the General principles that inform the Andorran legal system.
4. Jurisprudence the case law of the Court of Justice of Andorra has the role of complement in order to interpret and apply the private law of the Principality of Andorra.
Third. Normative range of the law The first final provision section number "2" of the present Law has the rank of law to the extent that agreement of two articles of the law 4/2005, of 21 February, qualified the stable partnerships. The rest of the precepts of this law have the rank of ordinary law, without the limitations of articles 57.3 and 60.2 KB of the Constitution.
Transitional provisions First. General scheme of transitional law 1. Governed by this law the successions and wills, codicils, wills and succession agreements reports issued after its entry into force.
2. On all matters not foreseen in the transitional provisions of this law, those open succession before their entry into force is governed by the law applicable at the time of the opening of the succession.
Second. Wills, codicils and testamentary granted prior to the entry into force of this law 1. Wills, codicils and testamentary reports are issued in accordance with the previous legislation are valid if they comply with forms that are required. However, if you have to govern a succession opened after the entry into force of this law, are also valid if they comply with their formal and material requirements.
2. Apply this law to successions opened after its entry into force but ruled by events given earlier, except the rules merely performing the will of cause set out in the repealed legislation, that will be applicable, without prejudice to the provisions of articles 120, 204 and 210.
Third. Testament before President 1. Wills in front of rector awarded prior to the entry into force of this law expire if they are not protocol·litzen in the period of ten years from their validity, provided that the originator had died before the entry into force of this law. If the originator has died after the entry into force, the period of four years will be from his death.
2. Authorises the Government to issue the regulatory provisions to promote and facilitate the notarisation of wills granted before President deposited in the parish archives.
Fourth. Trusts 1. The trusts are governed by the law in force at the time of the death of fideïcomitent.
2. The rules of this law relating to the purposes of the trust while you are pending apply to trusts sorted in successions opened prior to its entry into force. It excepts the trusts of waste and preventive replacements of waste, which are governed by the rules in force at the time of the opening of the succession.
Fifth. Remuneration of Trustees and of the heirs of confidence for the compensation of the heirs of trust and the trustees appointed in acts granted prior to the entry into force of this law, it applies the provisions of article 228 if the succession is opened later, unless the originator had expressly provided specific remuneration.
A sixth. Inheritances
1. The inheritances given in accordance with the requirements of capacity and so that current law required at the time of its issue will be valid even if the heretant dies after the entry into force of this law.
2. Also be valid the pacts agreed on inheritances granted prior to the entry into force of this law, even with regard to the people who agree, if the previous law did not allowed but the law in force at the time of the death of the originator are supported.
3. The rights and obligations that result of inheritances given before the entry into force of this law shall be governed by the law in force at the moment of their granting.
4. other effects of the succession are subject to the law in force at the time of the death of the originator.
Seventh. Backup in the open succession prior to the entry into force of this law, if the facts that gave rise to legal reserve have not been produced, no good will not have the quality to be reserved and the surviving spouse is the owner free.
Eighth. Intestacy In the intestacy, the special order calls for certain core assets is applied to open succession after the entry into force of the law.
Ninth. Prescription and expiration deadlines established in previous legislation apply to open succession prior to the entry into force of this law, unless you are that this set will be shorter. In the latter case, the prescription or expiry is consumed with the passing of the new term, which starts counting from the entry into force of this law. However, if the term established by the previous legislation, despite being longer, is exhausted before the deadline foreseen by this law, it applies that term.
Repealing derogate: 1. The law of reform of the inheritance law, of 31 July 1989.
2. articles 19 and 20 of the law 4/2005, of 21 February, qualified the stable partnerships.
3. article 21 of the general regulation of notaries.
4. Also abolishes all provisions of equal or lower rank that conflict with what is established in this law.
Disposicións end First. From modification modifies the article 8.1 of the law on notaries, relative to the need for witnesses in wills, with the following wording: "Article 8 Witnesses 1. Notaries can authorize the public instruments without the need for instrumental witnesses, unless you request the parties or one of them does not know or can not sign. "
Second. Entry into force this law shall enter into force on the 1st January 2016.
Casa de la Vall, 18 December 2014 Vicenç Mateu Zamora Syndic General Us the co-princes the sancionem and promulguem and let's get the publication in the official bulletin of the Principality of Andorra.
François Hollande Joan Enric Vives Sicília and President of the French Republic and the Bishop of Urgell Co-prince of Andorra Co-prince of Andorra
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