Bibliographic citations
Alcorta, J., (2020). Los aspectos determinantes de la teoría de declaración de voluntad como sustento para la declaración de indignidad de un adolescente infractor por conducta antisocial dolosa, en agravio de su progenitor [Tesis, Universidad Privada Antenor Orrego - UPAO]. https://hdl.handle.net/20.500.12759/6739
Alcorta, J., Los aspectos determinantes de la teoría de declaración de voluntad como sustento para la declaración de indignidad de un adolescente infractor por conducta antisocial dolosa, en agravio de su progenitor [Tesis]. PE: Universidad Privada Antenor Orrego - UPAO; 2020. https://hdl.handle.net/20.500.12759/6739
@misc{renati/371137,
title = "Los aspectos determinantes de la teoría de declaración de voluntad como sustento para la declaración de indignidad de un adolescente infractor por conducta antisocial dolosa, en agravio de su progenitor",
author = "Alcorta Santisteban, Jimena Priscila",
publisher = "Universidad Privada Antenor Orrego - UPAO",
year = "2020"
}
In our country, the inheritance transmission is based on the constitutional right to inheritance of the successors, to whom a percentage of the patrimonial heritage of the deceased will be transmitted. Said transmission is justified in the blood ties and the affection maintained between the parties. In that sense, as a way to punish the breach of respect for life, or integrity of the deceased or his close relatives, or against the existence of his will, the legal institution of the declaration of indignity was established. The declaration of indignity is a civil sanction for a successor who is unfair to the family or affection relationship, which will be punished with the exclusion of inheritance for the commission of the causes determined in article 667 °, of the Civil Code, particularly subsection 1 , referring to the homicide of the deceased. However, in the case of a minor who threatens the life of the deceased as stipulated in paragraph 1, article 667 °, CC, the declaration of indignity is impossible because it is within the scope of protection of the article 748 °, of the Civil Code. Contrary to the provision contained in article 748 of the Substantive Code and the recognition of the current capacity of minors, the Declaration of Will Theory stipulates that the externalization of will is objectively reflected in actions that reflect the internal will, in other terms, with the will to commit a crime to the detriment of their parents, minors reflect their objective. For the jurist Lohmann Luca de Tena, voluntariness is decisive for the analysis of the merit of exclusion from the succession. Likewise, the Institutional Theory from the Perspective of the Child as a Subject of Law, advocates the contemplation of minors as subjects of rights responsible for their actions with the protection of their free development by the State. 8 After studying the legal situation of the institution of indignity, we propose the possibility of eliminating minors with restricted capacity from the scope of protection of article 748 of the Civil Code. Because a minor offender of the criminal law should not enrich himself with the patrimonial heritage of his deceased when it was he who killed him, with the exception of respecting his right to food until his majority to safeguard his integrity and education.
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