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The collation in succession with holographic

As repeatedly asserts the doctrine, the virtuality of the collation is that the call to inherit take less of assets left as much as had taken over the lifetime of the deceased, understood what was received by business for profit.
Set the Code, and in this sense does not alter the DLCL, a presumption that gifts made by the deceased to the heirs, are snacks unless otherwise specified. This involves bringing them to the estate, and that have been formed by the estate and donated the flow, is the all about you implement the distribution of the estate as provided in the will.
The purpose of this article lies not in making a detailed analysis of the collation, but quite the opposite in question the validity of this institute, at least for cases where we have a sequence with a holograph.
It is hard to imagine that this figure testamentary limited use, is often applied in complete disregard law, without any advice.
In these circumstances, it is difficult to imagine that the testator, having regard to donations made in life, try to balance this situation by way of will, and have rates different to rebalance the situation taking into consideration the living donor. Unaware that these donations will be brought to the estate, will make the proposed redistribution, create new inequalities in the opposite.
But in other cases where the testator not know this figure, the consequences will be equally undesirable. If the testator wants to give priority to a child in giving him a good life, and then distributed equally to have inherited the surprise will be that the child will have to provide the good or the value of the property given to the estate, and then this all will be distributed equally, without giving effect to the decision of causing a child privilege.
All that is predicated of the holographic will is also of closed, open to a lesser extent, since it presumes that has been done under a legal minimum, read the notary.
In short, in those wills which rationally infer that are provided free counseling, legal presumption that the donated items are up is more than questionable for the effects it produces.
Under these lines could go a step further and request the removal of this institute, or the investment of legal presumptions. It would be a difficult change of perspective and to try on items infinitely more ambiociosos extensive and this, which is intended only as an approach to open the debate.

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The legitimate descendants in the DLCL

the wanderings start this blog with an article that is close, very superficial, to the change in the DLCL by Law 2 / 2006 of July 14 reducing the legitimate descendants.
Many are the voices that are positioned in different areas contrary to the existence of an institution as legitimate. Many voices have justified his disappearance, giving priority surely the criterion of full autonomy of the will of the testator against protective considerations of the traditional nuclear family heritage that underlie this legal.
The change in the L. 2 / 2006 on the matter at hand can be classified as ambitious, but it is surprising that a National government faced the traditional family institutions did not opt \u200b\u200bfor their complete abolition.
Expanding the availability of the testator's assets has increased from 1 / 3 of having inherited a 3 / 4.
While the articles of the Civil Code for Galicia until 2006 provided that 2 / 3 parts of the estate of the deceased, one third to be divided equally between the offspring and the other to improve among them at will of the deceased, the anticipated DLCL legitimate amounting to 1 / 4 of the estate of the deceased, removing the improvement. It was intended
Galician legislature to keep a part of having inherited preserved for the children of the deceased, with the addition that is a necessary part of sharing equally, no children, except mediating cause of disinheritance, be deprived of part of the heritage . Right in the XXI century this is an account maintained by a government called progressive.
could go back in time to the distant 1889, the date of enactment of the Civil Code, to find that what prevails in Spain was a society economically bipolarized, but with predominance of a rural underclass, with primary subsistence economies. In them, children often helped from an early age to heavy dependents, and to keep the little homestead. The family economy was sustained by the few properties that could be exploited, essential for sustenance. Life expectancy was lower, the birth rate much higher.
Today, the view from the point of view of sociology and economics is radically different. When parents leave their children this life, just generally have a level of independent living. Comprehensive education and training is a legally protected right to food and ECOM interpreted extensively by the better-off economies do not have to help the children. Is he right
to be in today's society the institution of legitimate? The right has to be the work of its time, valid for its time, and not burdened by legacy of the past. It is an instrument to regulate and address the reality interests worthy of protection. The day society and protects its own such interests, the right spare.