Base de Datos Género y Derecho a la Tierra


Mecanismos legales de herencia

1999, Civil Code:
- Articles 1159.1, 1162 to 1164, 1166, 1193 and 1194 provide for the following to be recognized as primary heirs entitled to equal shares of an inheritance: children of the deceased, a child born after the testator’s death, a spouse, parents or adoptive parents. The inheritance rights of a living spouse do not cover his or her share of the spouses’ joint assets (13).
- Joint tenure means that more than one person owns/holds the whole property. Land held in joint tenure can be acted on only with the consent of all the owners. While still alive, a joint owner may transfer his/her interest to all the other owners, but to no other person.
In some property systems, if a joint owner dies, his/her interest in the land will vest in the surviving owner(s) jointly. When one spouse dies, the deceased’s share of common joint property, including land plots, is defined and subtracted from the total amount or value of the property. A surviving spouse has the right to inherit by will or at law a deceased spouse’s share of common property and is also able to keep his/her share of the common joint property (14).

Fuentes: los números entre paréntesis (*) se refieren a las fuentes que están en la sección de Bibliografía