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Legitimate content

-Everyone- Legitimate (16)
Acquisition of the thing bequeathed - Computation and imputation and collation - Amount of the legitimate in Catalonia - Fourth Falcidia - Legitimate rights - Disinherit - The collation - Legacy of aliquot part - Legitimate - Legitimate - Payment of the legitimate - Deadline to claim the legitimate - Possession of the thing bequeathed - Preterition - Deprivation of the legitimate - Preventive Waste Substitution -

Acquisition of the thing bequeathed See file

Modalities of the acquisition of the legacy by the legatee. ...
Article 427-10 of the CCCat, distinguishes between two types of legacies: mandatory and real. They will be effective obligatory "if the deceased imposes on the taxed person a specific benefit to deliver, to do or not to do in favor of the legatee. If the provision consists of delivering the assets or rights that the legatee must acquire in compliance with the legacy, these are considered to be acquired directly from the deceased.". In the legacies efficiency part "By virtue of the legacy alone, the legatee acquires real or credit assets or rights, determined and proper to the deceased." Source: Inheritance Law of Catalonia by Javier Gómez Taboada. Editorial Lex Nova, S.A.
 BOE - Book IV Civil Code of Catalonia

Computation and imputation and collation See file

Computation and imputation are operations related to the legitimate (but not based on the institution of heir). The computation is the calculation that allows the determination of the legitimate, adding to the relictum (inheritance) certain donations made by the deceased. The imputation is the obligatory consideration made by the heir to accept that the donations made by the deceased (in life) to the heir, have already been made as their corresponding share of the legitimate. ...
Source: Catalan inheritance law of Javier Gomez Taboada. Editorial Lex Nova, SA

Amount of the legitimate in Catalonia See file

The amount of the legitimate is a quarter of the value of the inheritance, which will be divided by the number of legitimate that proceed in equal parts. The legitimate is deduced from the valuation of the assets and rights that they had at the time of the death of the deceased. ...
The heirs do not each receive a quarter of the inheritance, it is that quarter that will be distributed among all the existing legitimate ones. Source: Catalan inheritance law of Javier Gomez Taboada. Editorial Lex Nova, SA
 BOE - Book IV Civil Code of Catalonia

Fourth Falcidia See file

Right that the Law attributes to the heir when he sees his patrimonial benefit diminished or flooded because of the legacies that he is obliged to satisfy....
Considering this circumstance, the heir has the right to obtainner a quarter of the hereditary patrimony, even when obtaining it implies the reduction or suppression of legacies. As it is not a mandatory law, the heir has the power to exclude himself by the will of the testator, and waive this right.    Source: Inheritance Law of Catalonia by Javier Gómez Taboada
 BOE - Book IV Civil Code of Catalonia

Legitimate rights See file

In Spain, the percentage that heirs receive depends on whether the legislation that is applied in each Autonomous Community is common or regional. CCCat

Disinherit See file

It is the action of depriving a legitimary his legitimate. ...
Disinheritance can be based on a just cause or have no cause or be the contradicted cause in a process.
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The collation See file

Mechanism that seeks equal treatment between heirs....
The Donations made inter alive free of charge, always that the attribution has been made in the concept of legitimate or attributable to it, or that the deceased has expressly established, at the time of granting the act, that the attribution is cprofitable.     Source: Catalan inheritance law of Javier Gomez Taboada. Editorial Lex Nova, SA
 BOE - Book IV Civil Code of Catalonia

Legacy of aliquot part See file

Right of the legatee to claim the aliquot part from the heir. ...
Attributes to the legatee the right to be awarded assets of the liquid hereditary asset for the value corresponding to the aliquot part set by the deceased, being able give the possibility de that the heir pay him in money, even if this is not exist in inheritance. The legateThe river, unlike the heir, is not liable as a debtor of the obligations and hereditary charges. The right of the legatee depends of inheritance assets, due to that if supervening debts appear, the legatee must reimburse to the heir the difference between the value originally set in the aliquot part and its real value, given the amount of the legacy asset. Source: Inheritance Law of Catalonia by Javier Gómez Taboada. Editorial Lex Nova, S.A.
 BOE - Book IV Civil Code of Catalonia

Legitimate See file

It is the part of the assets or rights that the law requires to leave to certain relatives of the deceased such as children, parents or spouses....
In Catalonia the legitimacy varies depending on the type of heir, so the children and descendants have the right to 1/4 part of the inheritance, the parents to a fourth part as well and the widowed spouse or who live together up to 1/4 part if he does not have own resources.
 CCCat

Legitimate See file

Family member of the deceased person to whom the law reserves a part of the assets or rights included in the inheritance. CCCat

Payment of the legitimate See file

The legitimary can receive the legitimate in the life of the deceased or by the death of this. ...
The legitimate pcan have received the legitimate in life of the deceased, through donations that attribute goods to the legitimary of form Delivery to Italy takes one or two business days (chargeable donations). Or you can receive the legitimate one at the death of the deceased, through the institution of inheritingor, legacy or particular attribution. The legitimary may claim the legitimate directingse directly to heir that is who is obliged to deliver it.    Source: Catalan inheritance law of Javier Gomez Taboada. Editorial Lex Nova, SA
 boe - Book IV Civil Code of Catalonia

Deadline to claim the legitimate See file

The heir will have a general term of 10 years from the death of the deceased to claim the legitimacy from the heir, having to address him directly. See Inheritance Law of Catalonia by Javier Gomez Taboada. Editorial Lex Nova, SA

Possession of the thing bequeathed See file

The legatee will take direct possession of the legacy object, when the heir, or authorized person delivers it, being necessary the concurrence of the heir....
It is exempted from said delivery of possession by the heir, in the cases of: a) Prelegate; b) the legacy of universal usufruct; c) in Tortosa, if the inheritance is distributed in legacies; d) cases in which el  cause authorizes it for a reason of null or difficult relationship between heir and legatee.    Source: Catalan inheritance law of Javier Gomez Taboada. Editorial Lex Nova, SA

Preterition See file

It is the non-mention of a heirship in the testament or succession agreement; or the mention but without any patrimonial attribution....
 There are two types of preterition: a) the intentional: it derives from the will of the deceased not to mention the heirship or to leave nothing, so that he may claim his legitimacy from the heir of the deceased; and b) erroneous preterition: el testator ignores the existence of the legitimary, so that this is not mencited. Can carry consecuencias serious, such as the invalidity of the will.    Source: Catalan inheritance law of Javier Gomez Taboada. Editorial Lex Nova, SA
 BOE - Book IV Civil Code of Catalonia

Deprivation of the legitimate See file

Yes, the heir can be deprived of legitimacy, for reasons of indignity towards the deceased, acting with unfavorable behavior towards the deceased and stating it in writing in the will or succession agreement. Source: Catalan inheritance law of Javier Gomez Taboada. Editorial Lex Nova, SA BOE - Book IV Civil Code of Catalonia

Preventive Waste Substitution See file

Provision of the testator in the event that his heirs or legatees die without leaving a successor. ...
The testator, foresees the situation that his heirs or legatees, who acquiren the goods by succession tested, die without leave happeningr Voluntary. In this case, the testator previously flame to one or more people for acquire that goods inheritance which had been delivered to the heir or legatee, and of those who have not ready by acts between living, by any title, or by cause of death.   Regulated regime in art. 426.59 of CCCat. Source: Inheritance Law of Catalonia by Javier Gámez Taboada. Editorial Lex Nova, SA
 BOE - Book IV Civil Code of Catalonia


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