Los acreedores en el fenómeno sucesorio: identificación de los problemas y su protección.

Abstract

This work has as its starting point the analysis and study of the succession phenomenon (inheritance acquisition systems, forms of acceptance...), so that once established, the hereditary responsibility of the different actors involved (heirs and legatees) can be established.,as well as the existing differences at the normative level between the different civil legal systems of the Spanish territory. The different responsibility that each system attributes to them, has a decisive influence on their position with respect to the creditors (whether those of the successor or those of the heirs), since in some cases, these can only be directed against the hereditary assets, and in others, in addition to the latter, against the personal property of the heir. Due to the important practical consequences that this generates, mechanisms are articulated aimed at the protection of creditors in defense of their interests, some of which have application throughout the national territory (intervention and administration of the inheritance, opposition to partitioning operations...), on the other hand, others only have it in the specific legal system that regulates them (separation benefit...)

Date of Award	16 Jun 2022
Original language	Spanish
Supervisor	M. del Carmen Gete Alonso y Calera (Director)