EL DERECHO REAL DE HERENCIA: ¿DUPLICIDAD ARTIFICIAL DE DERECHOS O DERECHO REAL EN COSA UNIVERSAL PROPIA?

Translated title of the contribution: THE REAL RIGHT OF INHERITANCE: ARTIFICIAL DUPLICATION OF RIGHTS OR REAL RIGHT IN OWN UNIVERSAL THING?

Hernán Corral Talciani*

*Corresponding author for this work

Research output: Contribution to journalArticlepeer-review

Abstract

The purpose of this study is to vindicate the figure of the real right of inheritance that the Chilean Civil Code has regulated taking into account Roman law and the doctrine of French and Spanish authors. It is argued that understanding the real right of inheritance as a real right in its own thing, this allows to give coherence and reasonableness to the system of assets and succession in Chile, and refutes national scholarship’s criticisms that it is artificial and superfluous. The possession and the prescription of the inheritance are analyzed, that is, the real right of inheritance, which is the object of this study.

Translated title of the contributionTHE REAL RIGHT OF INHERITANCE: ARTIFICIAL DUPLICATION OF RIGHTS OR REAL RIGHT IN OWN UNIVERSAL THING?
Original languageSpanish
Pages (from-to)103-133
Number of pages31
JournalRevista Chilena de Derecho
Volume49
Issue number2
DOIs
StatePublished - 2022

Bibliographical note

Publisher Copyright:
© 2022 Pontificia Universidad Catolica de Chile. All rights reserved.

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