Within the Civil Law there is an area of study called Inheritance Law, which has two characteristics: on one hand can be Inter-Vivos, also called transmission (we’ll see them another time), and moreover can manifest Mortis-Cause , that is, because of the death of a person and is that is called Succession.
The Succession upon death is closely linked with another important institution of Civil Law: the patrimony, because the person, while living, is related to a patrimony subject to a number of legal relations, allowing you to be the subject of property and personal rights and also be tax payer on various obligations.
At death, this set of legal relations will subsist in which the person was an active or passive subject, that is to say, it will leave a legacy. Therefore, the death of the owner of rights, obligations and legal relations raises the question of the fate that has to run his estate.
Therefore, the legal concept of succession Mortis Cause offers the solution to the problem, evidencing its practical function and provides the destination to be achieved by this heritage that lingers even after the death of its owner. Consequently, Succession MortisCause is considered as a private law legal entity governed by public law.
he succession is an essential right of every individual to ensure the transmission of their assets, rights and obligations in the way this one has established or according to the manner prescribed by law.
In this sense, Somarriva says, “the succession because of death becomes a real personal subrogation, as the heirs come to occupy the same legal position in life was the cause” 1.
Moreover, the succession because of death, gives rise to the real right of inheritance. In this respect, the concept of private property rules, the domain. This right is characterized as perpetual, which brings precisely as a consequence, the institution of the succession upon death, and more in particular the heritage. Therefore the domain of a person extends beyond their days.
From the above, it can be deduced that to precede succession upon death, it is necessary that the person has died, otherwise we would be in the form of succession Inter -Vivos and would have no legal effect among beneficiaries or heirs.
By: Lic. Debbie Moreno Yuen