Hereditary succession: the transmission of the ius delationis

Abstract

At the time of the death of the deceased, all possible successors are called, either because the deceased has provided for it in a will or deferred by mandate of law (vocation). For its part, the devolution immediately grants the right to accept or reject the inheritance. If the appointed successor accepts, he acquires the inheritance; if he rejects, a personal vacancy occurs which will be resolved by calling to the inheritance — vulgar substitutes, the co-heirs by virtue of the right of accretion or the intestate heirs. However, it may happen that the appointed successor dies without having exercised the devolution. In this case, the lack of an heir is resolved by article 1006 of the Civil Code, which provides for the transmission of the right to accept or reject the inheritance to the heirs of the deceased. The Civil Code considers that the devolution can be transmitted mortis causa, so it will be the heirs of the transmitter (transmitters) who will acquire the right to accept or reject the inheritance of the first deceased. In this study, the scope, budgets, nature and effects of the right of transmission contained in the aforementioned article 1006 of the Civil Code, its relationship with other succession institutes and the controversy that has regained much of its prominence are analyzed, proof of this is the judgment of the Supreme Court, of the Plenary of the Civil Chamber, of September 11, 2013, relative to whether the transferee who exercises the ius delationis and accepts the inheritance of the so-called-transferor directly succeeds the first deceased or a double hereditary transmission is necessary; and the review of the matter that has operated in the latest resolutions of the DGSJFP.