The transmission of the «ius delationis» «ex» article 1006 of the Spanish Civil Code and the resolution of the Directorate-General of Records and Notaries of January the 22nd, 2018 regarding the judgement of the Supreme Court of september the 11th, 2013

Abstract

This contribution aims at preventing interpretations that could lead to expensive compensations as a consequence of judicial objections to allotments of inheritances to which the Transmission Right should be applied and in which the widowed spouse of the transferor or second deceased (or the latter’s entitled persons to a reserved share who are not heirs) have not intervened to give their consent. Because, according to the Transmission Right, a person succeeds the one previously called to succeed and no other person, even if the latter’s estate may have been obtained.