El judici de petició de llegítima

Abstract

The dissertation JUDICIAL PROCEEDINGS TO CLAIM THE FORCED ESTATE addresses the procedural issues regarding the Catalan forced estate (“Llegítima”) contained mainly in the Civil Code of Catalonia and in the Code of Civil Procedure._x000D_ We deal with theoretical problems but starting from practical day-to-day problems faced by lawyers and judges working in the area of inheritance law and specifically the right to the Catalan fourth forced estate (“Quarta legitima catalana”)._x000D_ Taking into account the legal nature and present conception of the right to the forced estate, we study the petition to claim the forced estate, its main characteristics and problems, the particularities of the reply to oppose the claim, and the eventual need to file a counterclaim._x000D_ We also address the configuration of the parties to the proceedings, mainly in relation with the mandatory joinder of defendants, who may sue, against whom and how._x000D_ Then we focus on the determination of the amount and the petition of the claim, the calculation of the forced estate, the onerous contracts or gifts that may be considered for the establishment of the forced estate, also the valuation of the goods in relation to the evidence to be produced during the trial and legal interest._x000D_ The eventual need to obtain preliminary measures, what measures, and the different possibilities given the range of possible proceedings._x000D_ Finally, the form of payment of the forced estate, in cash or with assets of the estate, and the particular regime of the Catalonian Civil Code on this matter._x000D_ Two annexes are included; one is a list of the articles of the Catalonian Civil Code with a procedural content, and the second an index of the cited cases law.

Date of Award	4 Dec 2015
Original language	Undefined/Unknown
Supervisor	Manuel-Jesus Cachón Cadenas (Director)