Derecho sucesorio y solemnización de la partición de bienes hereditarios.

Abstract

The Succession or Hereditary Law based on legal norms tries to regulate the patrimony of a person after his death known as the cause, deceased, deceased or that of cujus, who is succeeded by his heirs or legatees, there are three ways for distribution or redistribution of the patrimony of the deceased, among them the extrajudicial partition carried out before a notary public, who solemnizes the partition of hereditary assets, according to Art. 18 numeral 37 of the Notary Law; attribution that does not provide legal security for the heirs due to the simplification in its procedure, which does not mention that said partition of hereditary assets must be carried out by public deed; being solemnized only by notarial act, prior to the petition presented by the petitioners with the due acknowledgment of their signatures and with the documents that prove the assets of the deceased; Act that must be registered in the Property Registry of the canton where the assets are located, thus giving a breakdown to the legal security of the heirs; On the basis of which a proposal is made to the Notarial Law Art. 18 numeral 37, where the legal rights of the heirs are assured against the patrimony left by the deceased or that of the cujus.