Citas bibligráficas
Centurión, J., (2011). La sucesión mortis causa del Estado. La herencia vacante y las beneficencias. Una disertación histórico-jurídica. [Tesis, Universidad Nacional Mayor de San Marcos]. https://hdl.handle.net/20.500.12672/1187
Centurión, J., La sucesión mortis causa del Estado. La herencia vacante y las beneficencias. Una disertación histórico-jurídica. [Tesis]. PE: Universidad Nacional Mayor de San Marcos; 2011. https://hdl.handle.net/20.500.12672/1187
@misc{renati/488018,
title = "La sucesión mortis causa del Estado. La herencia vacante y las beneficencias. Una disertación histórico-jurídica.",
author = "Centurión Portales, Juan Carlos",
publisher = "Universidad Nacional Mayor de San Marcos",
year = "2011"
}
--- This investigation develops the issues of succession mortis causa of the State, which is regulated in Article 830° of the Peru's Civil Code of 1984and the fiscus post omnes principle. Also, it develops the role of the manager of heritage and its contribution to increase in the assets it of the Charity Lima. This research is divided into five parts. The first part presents the legal problem. The second part develops the legal dogmatic aspect of the succession and especially the State succession. The third part deals with the essential historical evolution of State succession, starting from the Byzantine Roman law, with special emphasis on the contribution of the Emperor Justiniano to figure of the Intestacy and then analyzing the peruvian Positive Law from the Colonial Law to Peru's Civil Code of 1984. The fourth part demonstrates, for sure, the contribution of heritage managers for the Charity of Lima from 1984 to 2000. The fifth part examines the comparative law. The Article 830° of the Peru's Civil Code of 1984, located in Section Three, Intestate Succession, from the Book IV, Inheritance Law, laws on the rights of Charity, lack there oft Board of Social Participation, representing the peruvian State to acquire in property the patrimony from someone who dies without heir in degree inheritress. The Charity Society or the Board of Social Participation have that right, according to the principle of Roman Law: fiscus post omnes, therefore, normatively, Positive Law resolves the uncertainty of who should collect the Estate on behalf of the State to avoid any person without right collects the assets left for the charity. Also, Article 830° of the Civil Code resolves the uncertainty of who should help the Charity collect, objective lyand indeed, the heritage of those who died without heirs, in this case the Article 830° states that should the estates manager. The problem, normatively, seems resolved (cf: Article 830° of the Peru's Civil Code of 1984), ie, the absence of heirs to the grade of (cf: Articles 236 °, 816 °, 830 ° of the Civil Code of Peru, 1984), should be the state who collect the inheritance. But, how does the Charity Societies become aware that there is a heritage without heirs? The Article 830°of Peru's Civil Code of 1984 has picked up wiselyan old legal concept of peruvian Administrative Law which solves the problem: the manager of inheritance is regulated in the last paragraph of the Article 830°of Peru's Civil Code of 1984. Who is or can be the manager of inheritance? Is anyone who takes, authorized by Article 830°, the advocacy by denouncing before charity. How does the inheritance manager defends the interests of the State? First, the manager informs the existence of a charitable legacy that is not picked up by anyone and substance with his own money the intestate succession for the benefit of Charity, otherwise the State would have no way to know that there is a free heritage and collect for himself in the common interest. Finally, the research aims to demonstrate that: 1. The Charity of Lima has, through the inheritance manager, an effective and appropriate figure to collect the inheritance left to nobody. 2. The involvement of managers of inheritance has allowed the Charity of Lima to collected and also to own the assets of whom died without heirs inheritress degree. 3 The institution of the managers of heritage has served to make the Charity of Lima, increase their assets, incorporated into margesí of that institution. 4. Heritage managers do not appear just with the enactment of the Peru's Civil Code of 1984; they are present in the peruvian Law from the Colonial Law. Keywords: History of Peruvian Law. Colonial Law. Byzantine Roman Law. Law of succession.State succession. Heritage managers.
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