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Teaching GuideTerm Faculty of Law |
| Grao en Dereito |
 Subjects |
| Succession Law |
| Contents |
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| Identifying Data | 2020/21 | |||||||||||||
| Subject | Succession Law | Code | 612G01034 | |||||||||||
| Study programme |
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| Descriptors | Cycle | Period | Year | Type | Credits | |||||||||
| Graduate | 1st four-month period |
Fourth | Obligatory | 6 | ||||||||||
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| Topic | Sub-topic |
| LESSON 1. SUCCESSION AND SUCCESSION LAW | 1.- Succession mortis causa and the law of succession. The principles of inheritance law. 2.- Heir and legatee. Determination of the type of appeal. |
| LESSON 2. INHERITANCE. THE PHASES OF HEREDITARY SUCCESSION | 1.- Inheritance. 2.- The phases of hereditary succession. 3.- In particular, the way of acquiring an inheritance. 4.- Recumbent inheritance. 5.- Taking possession of inherited assets. |
| LESSON 3. CAPACITY TO INHERIT | 1.- Absolute incapacities. 2.- Survival. 3.- Unworthiness. 4.- Relative incapacity. 5.- Effects of unworthiness and relative incapacity. |
| LESSON 4. RIGHT TO ACCEPT OR FORGO | 1.- Concept, classes and informing principles of right to accept or forgo. 2.- The right of transmission. 3.- The right of representation. 4.- The right of accession. |
| LESSON 5. THE WILL | 1.- Concept, nature and features of the will. 2.- Capacity to make a will. 3.- Vices of the will in testamentary matters. 4.- Interpretation of the will. |
| LESSON 6. TYPES OF WILLS | 1.- Common and special wills. 2.- The ordinary open will. 3.- The special open will: the danger of death will. 4.- The closed will. 5.- The holographic will. |
| LESSON 7. CONTENT OF THE WILL | 1.The appointment of an heir: A] The action to claim an inheritance. B] Liability of the heir for the debts and burdens of the inheritance. C] Disposal of the inheritance. Effects. Withdrawal of co-heirs. D] Proof and registration ot the right of the heir. 2. Legacies: A] Concept. B] Subjects. C] Subject-matter. D] Acquisition of the right to the legacy. E] Preference between legatees. F] Inefficiency of the legacy. 3. Substitutions: A] Concept and types of substitution. B] Vulgar substitution. C] Pupillary substitution. D] Exemplary substitution. E] Trustee substitution. |
| LESSON 9. INTESTATE INHERITANCE | 1.- Causes and order of precedence in the Civil Code. 2.- Articles 267 to 269 of the Civil Law of Galicia. |
| LESSON 10. FORCED INHERITANCE: LEGITIM | 1.- Legitim under the Civil Code: A] Holders entitled to legitim and free portion. B] Calculation of the legitim. C] Defence of the legitim: actions, disownership and disinheritance. 2.- Legitim in the Civil Law of Galicia: Forced heirs and amount [arts. 238, 243, 253 and 254 LDCG – Civil Law of Galicia]. |
| LESSON 11. ACCEPTANCE AND REJECTION OF INHERITANCE | 1.- Acceptance, rejection and benefit of inventory: A] Ius delationis (the heir’s right to accept or reject): Contents and requirements. B] Acceptance and systems of responsibility. The benefit of inventory. C] “Pure and simple acceptance”, “acceptance under benefit of inventory” and universal inheritance. 2.- Acceptance and rejection: General theory: A] Common features. B] Capacity and legitimacy. C] Time frame for accepting and rejecting. Judicial interpellation and the right to deliberate. 3.- Acceptance of inheritance: A] Delimitation. B] Forms of acceptance. 4.- Acceptance and responsibility of the heir. 5.- Rejection of inheritance: A] Concept and form. B] Effects. In particular, article 1,001 of the Civil Code. |
| LESSON 12. ACCEPTANCE WITH BENEFIT OF INVENTORY | 1.- Delimitation. General effects of the benefit of inventory. 2.- Legal system: A] The power to make use of the benefit of inventory. B] Application and form. C] The term. D] The inventory. E] Administration of the inheritance. F] Payment of inheritance taxes. G] Accountability. H] The post-payment system. I] Loss of the benefit of inventory. |
| LESSON 13. HEREDITARY COMMUNITY | 1.- General concepts. 2.- Legal system of the hereditary community. |
| LESSON 14. HEREDITARY PARTITION: GENERAL CONCEPTS, PARTITION OPERATIONS, AND TYPES OF PARTITION | 1.- Hereditary partition: general concepts. 2.- Partition operations. 3.- Types of partition: A] Partition by the testator. B] Partition by estate partitioner or trustee. C] Partition by court-appointed estate partitioner. D] Conventional partition. E] Judicial partition. 4.- Effects, invalidity and ineffectiveness of the partition. |
| LESSON 15. COLLATION | 1.- Concept and basis. 2.- Subjective requirements. 3.- Objective requirements. 4.- Method of executing collation. 5.- Effects. |
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