Bibliographic citations
Rosas, Y., (2017). Imposición de modalidades del acto jurídico a los herederos forzosos al percibir su legitima vía testamentaria en el Perú [Tesis, Universidad Privada Antenor Orrego]. https://hdl.handle.net/20.500.12759/3028
Rosas, Y., Imposición de modalidades del acto jurídico a los herederos forzosos al percibir su legitima vía testamentaria en el Perú [Tesis]. PE: Universidad Privada Antenor Orrego; 2017. https://hdl.handle.net/20.500.12759/3028
@misc{renati/1349343,
title = "Imposición de modalidades del acto jurídico a los herederos forzosos al percibir su legitima vía testamentaria en el Perú",
author = "Rosas Villalobos, Yesenia Estefany",
publisher = "Universidad Privada Antenor Orrego",
year = "2017"
}
The present thesis is oriented to develop the problematic about the imposition of modalities of the legal act to the forced heirs to perceive theirs legitimate, testamentary way; at present in our Civil Code, it is regulated the imposition of modalities of the legal act, however, it is not possible to impose these modalities, at the time of writing a will, it is for that reason that the investigation is carried out based on the following question: Is it necessary to regulate the imposition of modalities of the legal act to the forced heirs to perceive their legitimate, testamentary way, in Peru?, establishing as main objective, to determine if it is necessary to regulate the imposition modalities of the legal act to the forced heirs to the perceive their legitimate way testamentary. The thesis is structured in seven chapters, developing topics of legal act, fundamental doctrine for the present investigation, because in the Book II, Chapter V, of the Civil Code, we find the regulation of the modalities of the legal act, which must be consider for wills as appropriate. Our legislation regulates two ways of happening and one of them is the testamentary that is why we are focus on this one, because only in the will we could imposed the condition, position and term. The successors, are the people with rights to receive all or part of the inheritance, in this thesis according to the problem raised, we are focuses on forced heirs, because in our regulation, are those who the testator can not impose modalities unlike the voluntary heir and the legatee. The legitimate, becomes the intangible part of the property of the testator, which can not be freely dispose, because it is reserved to the forced heirs. the comments to the articles 733 and 736 of the Civil Code, because these articles will be modified. The modalities in comparative law, to develop as in others foreign legislations has been operating the imposition of the modalities of the legal act. Finally, in the chapter seven on the basis of the modification of the articles of the courrent Civil Code, regarding the modalities of the legal act that should be imposed on forced heirs, testamentary way. After a thorough investigation it is concluded that modalities of the legal act must be imposed on the forced heirs to perceive their legitimate, testamentary way, in our country.
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