Actos de administración de la herencia yacente por los "herederos llamados": un análisis del art. 411-9 del Código Civil Catalán

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This essay provides an interpretation on the first paragraph of article 411-9 of the Catalan Civil Code, regarding the administration powers attributed to the expectant heirs over the goods to inherit until the inheritance is accepted or rejected. What actuations may be undertaken? What are the consequences of these actuations? The guiding principle to decide these issues is always the need to preserve the assets as a whole patrimony instead of any particular asset. The preservation powers and functions are additionally dynamic rather than static. This paper aims to revitalize a classic, although sometimes forgotten, concept of dynamic preservation adapted to the specific needs of the assets involved. The scope of art. 411-9 is analysed in connection with specific matters needed of a clear criterion: what is urgent, what is ordinary management? What defensive action may be undertaken? How is and must be the possession of the assets? The analysis of these issues is not just limited to traditional private law. It also covers other legal fields such as corporate law or bankruptcy law to the extent that these subjects are affected by this matter.
Original languageSpanish
Specialist publicationInDret: Revista para el Análisis del Derecho
Publication statusPublished - 1 Jan 2018

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