Hereditary Delation: Understanding Inheritance Succession Rights

Understanding Hereditary Delation: Concept, Nature, and Rights

Hereditary delation encompasses the concept, nature, content, and various classes of the call to inheritance, along with the crucial right of transmission.

Concept and Modes of Succession

The modes by which succession is conferred are:

• Succession is conferred by agreement, by will, or by operation of law.
• The different modes of delation are compatible with each other.

The Call to Inheritance: Delation and Acceptance

As previously stated, hereditary delation is the actual call made to a person's successor, enabling them, through acceptance, to acquire the inheritance. It is clear that delation presupposes a prior call and will be extended to all potential heirs with a hereditary vocation, primarily designated in a will or by law, in the case of intestate succession.

Article 658 of the Civil Code states: "The succession is conferred by a person's will expressed in a will and, failing this, by provision of the law. The first is called testamentary succession, and the second, intestate succession."

In Aragon, the modes of delation are extended by giving priority to the covenant, specifically inheritance contracts, which are not supported by the general Civil Code. This highlights the significance of Article 3 of Aragonese Law, which declares: "The causant enjoys the widest freedom to order his succession by agreement, individually or jointly, by will, or by one or more trustees, without limits other than respecting the legitimate portions and the general principle of *standum est chartae*."

This article encapsulates the historical and current uniqueness of Aragonese law, encompassing inheritance contracts (prohibited in the Civil Code) and a broad concept of trusts today. All this operates under the maxim of *standum est chartae* ("adherence to the document"), reflecting the Aragonese saying, "covenants break outside" (meaning agreements are binding).

The *Ius Delationis* and Heir Status

Consequently, among several potential heirs, the hereditary vocation does not extend to subsequent calls if the first designated heir accepts the legacy. The delatee (the person called to inherit) is granted the right to accept or reject the inheritance. This is the ***ius delationis***, a precursor to current legal provisions regarding the call to inheritance. Therefore, when the person called to inherit exercises this right and accepts, they become an heir.

Timing of Delation and Capacity to Inherit

Legal doctrine states that delation is the offer of an inheritance. It regularly coincides in time with the opening of succession, meaning with the death of the deceased or the declaration of death, but this is not always the case. For delation to occur, it is physically necessary that specific individuals are called to succeed, and that the acquisition of the inheritance is not dependent on the completion of a subsequent event after the commencement of succession.

This situation arises, for example, when the identification of potential heirs cannot be made immediately, either due to the absence of a will and temporary ignorance of those called to succeed intestate, or in the case of an inheritance deferred under a suspensive condition, or if the estate has been called to a ***nasciturus*** (one who is to be born).

Therefore, delation only takes place when individuals capable of receiving the inheritance have been identified (refer to Article 6 of Aragonese Law).