Understanding Inheritance Rights in Marriage

📚 Understanding the nature of inheritance is crucial in the transfer of hereditary rights.

💰 The transfer of hereditary rights can be done through cession, either gratuitously or onerously.

✍️ Cession of hereditary rights must be done through a public instrument and cannot consist of singular properties.

📜 In the field of civil law and succession, the transfer of hereditary rights does not affect the assets in the succession but changes the participation of the heirs.

🤝 Cession of hereditary rights requires judicial authorization if there is a need to access the assets in the estate, otherwise, the transfer can be done through a contract.

💡 Vocation hereditary refers to the right to succeed, and it is dependent on the principle of coexistence, meaning that only those who are alive at the opening of succession have the right to inherit.

📚 The video discusses the rules of succession in civil law, focusing on descendants as the first heirs.

🧩 In cases where a descendant is deceased, they can be represented by their own descendants in the inheritance.

💡 The distribution of the inheritance is divided equally among the heirs in the same degree of kinship.

🏠 The ownership of a property is dependent on the conception of a child, with the property belonging to the child if conceived within a specific time frame.

💰 If no child is conceived within the specified time frame, the property will be passed on to the heirs of Gabriel, and the rental income will follow the fate of the property.

👨‍👩‍👧‍👦 The order of succession in legitimate inheritance cannot be changed, with descendants and spouses being the first called to inherit, regardless of marital status.

👉 In the context of marriage, when one spouse dies, their assets are divided between the surviving spouse and the descendants.

👉 In the case of partial community property regime, the surviving spouse only inherits the assets that are not considered separate property.

👉 If the marriage regime is separation of property, the surviving spouse can inherit both separate and common property.

👉 When distributing the assets, the surviving spouse receives the same share as the descendants who are receiving by equal portions.

📝 In the case of dividing an inheritance between two children and a surviving spouse, the spouse receives 25% while each child receives 15%.

🔀 If there are more than two children and all of them are also children of the surviving spouse, the spouse receives 25% and each child receives 15%.

👨‍👧‍👧 If the surviving spouse is also the parent of all the heirs, they receive 20% of the inheritance while each child receives 20%.

📚 There is no difference in treatment between spouses and partners in inheritance.

🏠 The surviving spouse has the right to live in the family home, regardless of the regime of property.

💰 If there are no descendants, ascendants, spouse, or partner, the inheritance goes to collateral relatives.