La empresa familiar o explotación agropecuaria: Mecanismos que permitan su continuidad a la muerte de su titular a la luz del derecho sucesorio chileno
Abstract In Chile, by application of the principle of intangibility in the reserve portion, the causant in the heritance has certain drawbacks to dispose of his property by will, using in some cases other kind of legal institutions, outside the legal act, in order to planning his succession. This su...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2018
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7222088 |
| Source: | Revista chilena de derecho privado, ISSN 0718-0233, Nº. 31 (Diciembre), 2018, pags. 61-108 |
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| Summary: |
Abstract In Chile, by application of the principle of intangibility in the reserve portion, the causant in the heritance has certain drawbacks to dispose of his property by will, using in some cases other kind of legal institutions, outside the legal act, in order to planning his succession. This subject has relevance when the causant is the owner of a Family enterprise or a Farming Production unit. This work shows the different obstacles that the causant of the inheritance has for dispose of the economical unit in favor of a heir, in order to keep the continuity of it, which in many cases can lead to the division of such enterprise or unit. For this reason, certain mechanisms are proposed for an adequate protection and conservation of the Family enterprise or the Farming production unit at the decease of the causant, but protecting properly the rights of the heirs in their reserved portion. |
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