Legal Principles of Causa Mortis Succession

Causa Mortis Succession: Principles and Types

This section defines the various forms of succession upon death. Succession can be categorized by its origin (voluntary, legal, and mixed) and by its subject (universal succession and individual succession).

Voluntary Succession Defined

Voluntary succession occurs when the successor or successors have been freely chosen by the deceased, and the estate phenomenon is governed freely under a unilateral legal transaction, such as a testament, or by agreement with another person. The first case involves probate, while the second involves a series of contracts that the Civil Code (CC) supports only exceptionally and typically restricts.

Legal or Intestate Succession

Legal succession, also known as intestate succession, is where the designation and regulation of the succession phenomenon are determined by law. This type of succession operates in the absence of testamentary successions and is referred to as 'legitimate' by the Civil Code (CC).

Mixed Succession Explained

Mixed succession occurs when the hereditary process is regulated both by the will of the deceased and by law.

Universal Succession

Universal succession is the form of succession that involves an appeal to the whole or a proportion of the deceased's property.

Individual Succession (Legacies)

Individual succession means that the legatee succeeds to certain and specific causal relationships. It is possible that the legatee does not succeed to any pre-existing legal relationship of the deceased, but rather a new one is created.

Key Subjects in Causa Mortis Succession

The Deceased (Causante)

The Causante is the deceased person whose estate, consisting of all active or passive transferable relationships (both debts and credits), passes to one or more persons called heirs.

Successors or Heirs

Successors or heirs of the deceased are those who receive all or part of the hereditary estate. They succeed to the deceased's juridical relationships that do not cease upon death. The heir is also known as the universal successor.

Understanding Heirs

An heir is a universal successor. Heirs succeed to the deceased's entire estate, including all rights and obligations, by the mere fact of death.

Defining the Legatee

A legatee is a particular successor, meaning they succeed to certain and specific causal relationships. A legacy is not always a succession in the broader sense. The obligatory relationship created may not originate from the inheritance itself.

The Concept of Inheritance

Inheritance is the estate that includes all assets, rights, and obligations of a person that are not extinguished by their death. It constitutes the total assets of the deceased. It is an estate that, while in transition to the final heir, maintains a unity that guarantees the payment of the deceased's debts and the fulfillment of hereditary obligations.