PARTICULAR OR DEROGATORY ASPECTS REGARDING THE INHERITANCE JUDICIAL PARTITION PROCEDURE
PARTICULAR OR DEROGATORY ASPECTS REGARDING THE INHERITANCE JUDICIAL PARTITION PROCEDURE

Summary/Abstract: This study aims to review the rules and particularities of the procedure for judicial partition of a inheritance, highlighting them in a step-by-step analysis of the procedure for judicial partition in general, which is also applicable to the division of jointly owned property by shares or in partition of common indivisible ownership (the procedure being, in principle, the same). The most significant feature of judicial partition of a succession is the need to complete the preliminary procedure prior to the court being seised, a procedure which does not apply to the other categories of partition, and also in terms of absolute territorial jurisdiction, since the claim falls within the exclusive competence of the court of the last domicile of either of the deceased, unlike the other forms of partition, which have other rules for determining jurisdiction. There may also be certain aspects specific to the sharing of inheritance, resulting from certain requirements of the content of the preliminary ruling of admission in principle or other procedural or substantial elements which may be applicable, as the case may be. At the same time, the study focuses on identifying and explaining the exceptions to the judicial partition procedure by reference to the ordinary contentious procedure.

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