The "heretaments": particular reference to its irrevocability and revocation

Identifier:  TFG:597

Handle: https://hdl.handle.net/20.500.11797/TFG597

Authors:  Vericat Polo, Meritxell

Abstract:
The “heretament” is a typical legal institution of Catalan Law, through which a person can be instituted heir. “Heretaments”, from the Compilation of Civil Law of Catalonia in 1960 until the Civil Code of Catalonia has evolved, trying to adapt to the society of the moment. At present, the “heretaments” are regulated as a form of contractual succession, framed in the Section II, Chapter I, Title III of Book IV of the CCCat. There are four types of “heretaments”: simple, cumulative, mutual and preventive and have some effects. In general, “heretament” produces effects post mortem, however it can also produces some effects inter vivos, it depends on type of “heretament”. There is a quality you can find in any “heretament” which aims avoid opening the Intestate Succession, this is called: preventive “heretament”. This institution is characterized by its irrevocability. However, our Catalan Civil Code provides for certain cases where the “heretaments” may be revoked. In this sense, causes such indignity succession, inability to succeed, or other causes of unilateral revocation are reasons to revoke an “heretament”. So, for this reason we are going to study if the “heretament” is totally irrevocable or we have to admit its revocability.