Lack of competence of the property registrar and notary for the declaration of inefficiency of legacy: the false cause as motive and the analogical application of the 767 in the ordinary law

Abstract

The new Foral Codification has renewed part of institutions and, has of the normative provisions in will to the social reality. In this research, we contrast three of the possible new Foral Code, specifically, Navarra of 2019, Gallego of 2016 and the Aragon of 2011, omitting for reasons of space, others that such as the Catalan are of special interest. The disappearance of the decisive reason of a probate disposition its inefficacy. It is appreciated this way given the normative improvidence on the consequences of the modifications happened to the moment of the death of the testator. The will of the testator would have been of having been produced the separation or later divorce. The article 767 of the civil Code, has for object the treatment of the error in the will, with expressed allegation to the heir’s false cause or of the legatees.