Bibliographic citations
Arcaya, C., (2021). La Legítima y la afectación a la autonomía de la voluntad del testador para disponer la totalidad de sus bienes y derechos. [Tesis, Universidad Privada Antenor Orrego]. https://hdl.handle.net/20.500.12759/7851
Arcaya, C., La Legítima y la afectación a la autonomía de la voluntad del testador para disponer la totalidad de sus bienes y derechos. [Tesis]. PE: Universidad Privada Antenor Orrego; 2021. https://hdl.handle.net/20.500.12759/7851
@misc{renati/379189,
title = "La Legítima y la afectación a la autonomía de la voluntad del testador para disponer la totalidad de sus bienes y derechos.",
author = "Arcaya Vásquez, Claudia",
publisher = "Universidad Privada Antenor Orrego",
year = "2021"
}
The right to inheritance, being recognized by our Political Constitution, is precisely covered by constitutional title. From this perspective, this right can generate some discord with another right-principle that holds the same degree of constitutional, which refers to the autonomy of the will of the people, provided that this does not violate the imperative mandate to attempt against the regulations in as a whole. In this way it is that, the questioning of a particular norm, contained in the current Peruvian Civil Code, arises, while it exposes the common citizen to a kind of loss of their ownership of two thirds of their totality patrimony, being required to make future delivery -post mortem- of the goods that it acquired in life from its forced heirs; regardless of his will. Thus, by means of this research project, it is intended to propose a greater safeguard for those citizens who wish to honor with their heritage people who do not make up the exclusive group of forced heirs, giving them a greater share of liberality so that this - the testator - can freely express his will. Obviously, for the prosperity of a restrictive application of rights, it is required to assure those former beneficiaries who need unequivocally to continue participating in the hereditary benefit; as is the case of those forced heirs dependent on the testator, either because they are minors or, failing that, because they are defenseless. For this reason, it is sought to restrict the figure of forced heirs for hereditary purposes, so that the legitimate continues to fulfill its protectionist role of the family, granting mandatory participation of the hereditary mass to those members who are in a state of defenselessness , which prevents them from using their own means, depending exclusively on the assets and rights contained in the testator's inheritance in order to survive, and; excluding those who have overcome this condition.
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