Citas bibligráficas
Salazar, G., (2024). Necesidad de instituir la mejora hereditaria en favor del legitimario con discapacidad que no puede proveer su propia subsistencia [Tesis, Universidad Privada Antenor Orrego]. https://hdl.handle.net/20.500.12759/26372
Salazar, G., Necesidad de instituir la mejora hereditaria en favor del legitimario con discapacidad que no puede proveer su propia subsistencia [Tesis]. PE: Universidad Privada Antenor Orrego; 2024. https://hdl.handle.net/20.500.12759/26372
@misc{renati/380061,
title = "Necesidad de instituir la mejora hereditaria en favor del legitimario con discapacidad que no puede proveer su propia subsistencia",
author = "Salazar Aguilar, Gracia Elena",
publisher = "Universidad Privada Antenor Orrego",
year = "2024"
}
The research focuses on the need to implement in the Peruvian regulatory framework the figure of hereditary improvement in favor of the legitimate person with a disability that cannot be provided for with his subsistence, based on the right to equality in its material dimension, which determines that In unequal situations, differentiated treatment is justified in order to achieve real equality, a situation that is reflected when forced heirs with severe disabilities and those who do not suffer from it participate in inheritance. Therefore, the research has as its problem statement: is it necessary that hereditary improvement be instituted in favor of the legitimator with disabilities who cannot provide for themselves with their own subsistence, Trujillo - 2023?; The type of research is applied, the level of research is non- experimental - descriptive and the population is civil lawyers from the city of Trujillo, to whom the interview technique was applied, used to determine the presence of reasonable and objective differentiation by applying the proportionality test, from which it was concluded that due to vulnerability, the inability to generate income for sustenance, dependency on a third party, among others, the heir with disabilities is not in the same situation as his other co-heirs. , therefore, differential treatment corresponds to it. Comparative law was used, specifically Spanish and Argentine legislation that includes within its regulations the figure of hereditary improvements in favor of heirs with disabilities, however, in the present investigation certain changes are given as recommendations so that, at When this regulation is included in Peru, it is adapted to its social reality; in addition to including improvements to the aforementioned legal figure, based on criticism from Argentine and Spanish jurists of their respective regulations, using their failures or shortcomings as feedback to enhance the figure of hereditary improvement in Peruvian legislation.
Este ítem está sujeto a una licencia Creative Commons Licencia Creative Commons