Bibliographic citations
Arriaga, M., Oquendo, V. (2023). La incorporación de la declaratoria de herederos preteridos dentro del proceso no contencioso notarial peruano y su efecto en la celeridad procesal [Universidad Andina del Cusco]. https://hdl.handle.net/20.500.12557/5775
Arriaga, M., Oquendo, V. La incorporación de la declaratoria de herederos preteridos dentro del proceso no contencioso notarial peruano y su efecto en la celeridad procesal []. PE: Universidad Andina del Cusco; 2023. https://hdl.handle.net/20.500.12557/5775
@misc{renati/955715,
title = "La incorporación de la declaratoria de herederos preteridos dentro del proceso no contencioso notarial peruano y su efecto en la celeridad procesal",
author = "Oquendo Huamani, Vivian Vanessa",
publisher = "Universidad Andina del Cusco",
year = "2023"
}
Currently, notaries are the ones who carry a great responsibility within society when assuming certain functions. One of them and the most important is that this official is in charge of representing the Peruvian State, since his function is to verify the legality of legal transactions, procure traffic, as well as support legal security and grant rights to those who request it, all this under the framework of Peruvian legality. It is thus that, in the face of various uncertainties that may arise on a daily basis, there is one mainly that involves the person who has died and the people who succeed him. However, there are particular situations in which some successors come to be excluded within the declaration of heirs, either due to circumstantial events or due to the mere fact of ignorance. That is why the neglected are almost forced to resort to the judicial process to request the application of inheritance law and wait for its effects to find out what will be the destination of the assets, rights and obligations of the deceased. However, in accordance with the scope of Law No. 26662 Law on Notarial Competence in Non-contentious Matters, the situation involving the neglected parties is not contemplated in said Law, so this exclusion contributes to the procedural burden they have the Judicial Bodies and promotes deficient procedural speed, making the lack of breadth of Law No. 26662 one of the causes for the judicial process to be extremely extensive. That is why, the present investigation intends to expose as an object of study the neglected heirs and the non-contentious process of notarial Intestate Succession, taking into account the scope of Law No. 26662 Law of Notarial Competence in Non-contentious Matters, since These are the fundamental issues for its development. Likewise, the axis of the investigation expands additionally in the existing link between the Peruvian notarial and civil law. On the other hand, the objective of this investigation is to determine if an amendment to Law No. 26662 is possible, since this would allow notaries to legitimize the inclusion of neglected heirs in a non-contentious process, which would lead to the prompt recognition of the heirs in compliance with the principle of celerity.
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