|
Teaching GuideTerm Faculty of Law |
| Grao en Dereito |
 Subjects |
| Succession Law |
| Contents |
|
|
|
| Identifying Data | 2023/24 | |||||||||||||
| Subject | Succession Law | Code | 612G01034 | |||||||||||
| Study programme |
|
|||||||||||||
| Descriptors | Cycle | Period | Year | Type | Credits | |||||||||
| First and Second Cycle | 1st four-month period |
Fourth | Obligatory | 6 | ||||||||||
|
||||||||||||||
| Topic | Sub-topic |
| LESSON 1. SUCCESSION AND SUCCESSION LAW | 1.- Mortis causa succession and the Law of succession. 2.- The principles of spanish inheritance Law. 3.- Inheritance ant the right to inherit. Composition of the assets of the estate. 4.- Types of succession and successors: the heir and the legatee. |
| LESSON 2. STAGES OF HEREDITARY SUCCESSION | 1.- Stages of hereditary succession: Opening, Notice, Offering and Acceptance. 2.- Possible inheritance scenarios. 3.- The recumbent inheritance. 4.- Taking possession of inherited assets. |
| LESSON 3. CAPACITY TO INHERIT | 1.- General requirements to inherit. 2.- Absolute incapacities and the successor's survival of the decedent. 3.- Prohibitions on, or bars to, succession. 4.- Unworthiness: characteristics, causes, time, effects and reinstatement of the unworthy person. 5.- The loss of inheritance rights. |
| LESSON 4. OFFERING OF THE INHERITANCE | 1.- The right to accept or reject. Types of appeals. 2.- Right of transmission. 3.- Right of representation. Concept, bases, effects. 4.- Right to increase; right of accretion. Concept, bases and effects. |
| LESSON 5. ACCEPTING AND REJECTING AN INHERITANCE | 1.- Acceptance and rejection: General theory. 2.- Accepting the inheritance. 3.- Rejecting the inheritance. 4.- Accepting with benefit of inventory. 5.- Claiming the inheritance. |
| LESSON 6. COMMUNITY OF HEIRS | 1.- Concept, nature and characteristics. 2.- Legal status of the community of heirs. |
| LESSON 7. THE DIVISION OF AN ESTATE | 1.- Division: Concept; the right to divide; the ability to request division. 2.- Standard operations in division: Inventory, appraisal, liquidation, formation of lots and distribution. 3.- Types of division: Division effected by the testator, by an estate distributor, by co-heirs, by an appointed estate distributor, by a third party and by an arbitrator. Judicial division. 4.- Effects of division: Termination of the community of heirs and the obligation to provide warranties of good title and against hidden defects. 5.- Ineffectiveness of division. Rescission due to injury. Addition and modification. |
| LESSON 8. COLLATION | 1.- Concept and basis. 2.- Subjective requirements. 3.- Objective requirements. |
| LESSON 9. THE LAST WILL AND TESTAMENT; TYPES OF WILLS | 1.- Concept and characteristics. 2.- Capacity to grant a will. 3.- Types of wills. |
| LESSON 10. THE CONTENT OF THE WILL (I): THE HEIR | 1.- The appointment of the heir. 2.- The action of petition for inheritance. 3.- Liability of the heir before the debts and burdens of the inheritance. 4.- Disposal of the inheritance. Effects. 5.- Proof and registration of the right of the heir. |
| LESSON 11. THE CONTENT OF THE WILL (II): LEGACIES | 1.- Concept and characters of the legacy. 2.- Subjects. 3.- Object. 4.- Acquisition of the right to the bequest. 5.- Order of priority for paying legacies. 6.- Failure and effectiveness of the bequest. 7.- Types of legacies regulated in the Civil Code. |
| LESSON 12. THE CONTENT OF THE WILL (III): THE SUBSTITUTIONS | 1.- Concept and types of substitution. 2.- Ordinary or vulgar substitution. 3.- Pupillary substitution. 4.- Fideicommissary substitution. |
| LESSON 13. INTERPRETATION, INEFFECTIVENESS AND EXECUTION OF A WILL | 1.- Interpretation of a will. 2.- Defects in consent. 3.- Revocation of a will. 4.- Invalidity and lapse of a will. 5.- Carrying out the will: The role of the executor. |
| LESSON 14. LIMITS OF THE TESTAMENTARY WILL: RESERVED SHARES AND RESERVATIONS | 1.- The reserved share in the Spanish Civil Code: Concept and nature. 2.- Beneficiaries and amount of the reserved share. 3.- Calculation and payment of the reserved share. 4.- The intangibility of the reserved share. 5.- Preterition. 6.- Disinheritance. 7.- Reservations. |
| LESSON 15. INTESTACY. SUCCESSION AGREEMENT | 1.- Intestacy. 2.- Succession Agreement. |
|
