Citas bibligráficas
Alarcon, F., Nuñez, K. (2023). Vulneración de derechos sucesorios por declaración de heredero único en el procedimiento notarial, Lima - 2022 [Tesis, Universidad Privada del Norte]. https://hdl.handle.net/11537/35034
Alarcon, F., Nuñez, K. Vulneración de derechos sucesorios por declaración de heredero único en el procedimiento notarial, Lima - 2022 [Tesis]. PE: Universidad Privada del Norte; 2023. https://hdl.handle.net/11537/35034
@misc{renati/514785,
title = "Vulneración de derechos sucesorios por declaración de heredero único en el procedimiento notarial, Lima - 2022",
author = "Nuñez Morales, Kevin Rafael",
publisher = "Universidad Privada del Norte",
year = "2023"
}
The objective of the present investigation is to determine if there is a violation of inheritance rights of the forced heirs when only one of them declares himself the sole heir in the notarial procedures of intestate succession, Lima - 2022. In this sense, it is justified because it provides a contribution to the legal society for future research studies; In view of the fact that, although it is a subject already dealt with in previous investigations, the serious thing is that up to now these types of cases that violate inheritance law have been evidenced, which has even allowed the initiation of criminal investigations for the alleged crime of ideological falsehood. Therefore, the present investigation seeks to contribute to the notarial function so that notaries have greater diligence in consulting the NRCI Files and oblige applicants to sign an affidavit, so that they avoid being penalized for their functional irresponsibility. The methodology used is of a basic type, correlational-explanatory level, qualitative approach and non-experimental design. Finally, an exhaustive analysis of the judicial resolutions issued by the Supreme Judges in civil matters on inheritance petition and in criminal matters on the crime of ideological falsehood is carried out, as well as interviews with specialists in the field of Civil, Criminal and of Family to identify how this type of situation is being resolved when one of the forced heirs makes his request for intestate succession unilaterally through the notarial route so that the Notary declares him as the sole heir of his deceased, forfeiting the rights of the other forced heirs. Concluding that, there is a violation of inheritance rights to the detriment of the forced heirs when only one of them declares himself the sole heir knowing that he is not, in a notarial procedure of intestate succession, Lima -2022; Since, the Notary public, not having due diligence to verify in the RENIEC file if there are more children recognized by the same deceased, is that he proceeds to declare the applicant as the sole heir.
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