CONCRETE LEGAL SUCCESSION: APPLICATION OF LEGAL RULES IN THE CONTEXT OF DIGITIZATION
CONCRETE LEGAL SUCCESSION: APPLICATION OF LEGAL RULES IN THE CONTEXT OF DIGITIZATION

Summary/Abstract: The estate of a deceased person is transmitted both by operation of law; in which case the estate is legal; and by the will of the deceased person expressed in a will; in which case the estate is testamentary. The legal basis for inheritance is; on the one hand; the family relationship between the deceased and his or her relatives and; on the other hand; the surviving spouse's relationship to the deceased at the time of the opening of the inheritance. The legal right of succession is a condition of inheritance which refers to the power of persons specifically designated by law to inherit the estate of the person leaving the inheritance in the absence of a will. The legal capacity to inherit can be general; which represents a possibility in principle to inherit; or it can be specific; which designates who actually comes to inherit the deceased's estate. The latter is determined by the application of two principles; namely the principle of being called to inherit in the order of the classes of legal heirs and the principle of the degree of closeness of kinship between relatives in the same class of legal heirs.

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