ANÁLISIS CRÍTICO DE LA JURISPRUDENCIA DEL TRIBUNAL SUPREMO SOBRE LA FIGURA DEL ALBACEA, Y, EN ESPECIAL, SOBRE EL PLAZO PARA REALIZAR SU COMETIDO. CÓMPUTO DEL PLAZO Y PRÓRROGA DEL MISMO.

Abstract

This study analyses executors according to the latest Supreme Court jurisprudence. The Civil Code discusses executors in articles 892 to 911. It does not define what an executor is, but a definition may be inferred from the regulatory terms there. The testator names a trusted person to see over the execution of the terms of the testator's will, to see to the preservation and custody of the testator's property and to ensure that the testator's wishes are fulfilled. The exact contents of the post vary; the testator decides, and therefore the executor has whatever faculties the testator assigns, with the sole restriction that the faculties must not be contrary to law (Civil Code, article 901). Special attention is paid to the deadline the executor has for completing his or her task, the calculation of that deadline and the possibility of extending it.