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Successions Law

Code: 102237
Credits: 6
2026/2027
Degree programme Type Course
Law OP 4

Contact lecturer

Name :
Susana Navas Navarro
Email :
susana.navas@uab.cat

Group languages

You can consult this information at the end of the document.

Prerequisites

It is required that students have some knowledge of patrimonial civil law, family law and civil liability.

This field will be taught fully from the OSD and gender perspective.

Objectives

The objectives are as follows:

1. Knowledge of the fundamental concepts of inheritance law

2. Organization of a mortis causa succession

3. Making the students to deal with the practical problems for successful careers in the future

4. Knowledge of case law doctrine lines

Learning outcomes

  1. Managing bibliographic and documentary resources: databases, browsing, etc.
  2. Demonstrating a sensible and critical reasoning: analysis, synthesis, conclusions.
  3. Planning and organising: managing of time, resources, etc.
  4. Students must be capable of learning autonomously and having an entrepreneurial spirit.
  5. Students must be capable of communicating their points of view in a compelling way.
  6. Working in teams, being either a member or a coordinator of working groups, as well as making decisions affecting the whole group.
  7. Students must be capable of producing initiative, creative and innovative knowledge, as well as new ideas.
  8. Applying strategies in order to produce written and oral texts in the several fields of civil law.
  9. Analysing the fundamental concepts of civil law.
  10. Analysing the specific institutions of the property law.
  11. Producing oral texts in the several fields of civil law, showing specific communicative abilities.
  12. Drawing up written texts (contracts, wills).
  13. Producing reports about new legal changes.
  14. Presenting orally, with a critical discourse, the reforms of civil institutions.
  15. Enumerating the basic reforms in inheritance law.
  16. Solving interferences between the several conflict interests of civil regulations.
  17. Applying communicative strategies in order to identify and explain legal conflicts in the different fields of civil law, family law, successions, consumption, minors and civil responsibility.
  18. Identifying the conflicts of interest that are trying to be solved by the legislator when elaborating civil regulations.
  19. Producing oral and written texts and presenting points of view about civil-legal institutions.
  20. Critically interpreting the foundations of the civil law.
  21. Applying the knowledge acquired in the preparation of documents that reflect specific legal interests.
  22. Distinguishing the socio-legal context of several civil institutions.
  23. Contextualising the creation forms of Law in the property field.
  24. Applying concepts in a cross-cutting way to the several subjects of civil Law from the jurisprudence of the different jurisdictional bodies.
  25. Producing oral and written texts of egalitarian discourse.
  26. Defining the European and international concepts in terms of equality.

Contents

LESSON 1. THE SUCCESSION
1. Concept of succession.
2. The law of succession applied to Catalonia
2.1. Rules of private international law and interregional law. Special reference to the European inheritance regulations
2.2. Spanish inheritance legislation
2.3. Catalan law applicable to the succession because of the death date.
3. Object of the succession: the inheritance: composition. Digital memory. Succession without an heir
4. The cause of the succession
5. The successor:
5.1. Inheritance titles: the heir and the legatee
5.2. Doubtful cases of distinction between heir and legatee: The heir ex re certa, the legacy of the aliquot part, the usufructuary heir
 
LESSON 2. PHASES OF THE INHERITANCE ACQUISITION
1. The succession foundation
2. The opening of the succession: the unclaimed inheritance. The possession. The hereditary right: Concept and elements
3. Hereditary vocatio:
            3.1. Inheritance capacity and disability
            3.2. Indignity and unworthy rehabilitation
4. Hereditary delatio:
            4.1. Types
            4.2. Effects: the ius delationis and the ius transmissionis
4.3. Plurality of delatios in favor of the same person over the same inheritance
            4.4. Concurrence of delatios: the right to increase
 
LESSON 3. THE TESTAMENT, THE CODICIL AND THE TESTAMENTARY MEMORIES
1. The testament:
            1.1. Concept, characters
            1.2. The testamentary capacity: age and natural capacity.


          1.3. Content: property and non-property provisions
            1.4. Kinds of testaments:  holographic, open and closed testaments
2. The codicils: concept, form, content
3. The testamentary memories: concept, form, content
4. The interpretation of the testamentary will
            4.1. Object of interpretation
            4.2. Approach principles and criteria
5. The failure of the testament, codicil and testamentary memories:
5.1. The nullity. Causes and consequences. Challenging a purported will. Conversion and validation of the void testament
5.2. The revocation: concept, types and effects. Material revocation of the holograph will. Incompatible provisions
5.3. The expiration
5.4. The ineffectiveness by erroneous preterition and ineffectiveness by marital crisis or cohabitation crisis.


LESSON 4. THE HEIR
1. The institution of heir: characterization, requirements: identification and determination
2. Special rules in case of plurality of heirs
3. Modalities of the institution. General concepts:
            3.1. The suspensive condition
            3.2. The term: the heir for life
            3.3. The inheritance mode: concept, types, effects
            3.4. Provisions prohibiting disposal
4. Fiduciary provisions:
            4.1. The designation of heir by trustee: cases, effects
4.2. The inheritance and the trusted legacy: concept, content, effects, inefficiency
5. The executor. Concept. Types. Legal regime
 
LESSON 5. THE HEREDITARY SUBSTITUTIONS
1. The hereditary substitution: concept and types


2. Vulgar substitution:
            2.1. Concept and cases


            2.2. The denunciation
            2.3. Effects
3. Pupillary and exemplary substitution: concept and legal regime
4.The Fideicommisum:
            4.1. General provisions: concept, forms, limits and classification


            4.2. Interpretation of Fideicommisum: approach rules, presumption of condition
            4.3. Pending the Fideicommisum:
4.3.1. The figure of the fiduciary heir. Administration and disposition of hereditary assets. Responsibility of the fiduciary heir. The “cuarta trebelianica” or free quota
  4.3.2. Protection of the right of the fideicommissary heirs
4.4. The delatio of the Fideicommisum: acquisition and effects of the delatio. The challenge of the dispositive acts. Fideicommissary heirs’ responsibility
5. The waste Fideicommissum and the preventive substitution of waste: concept and legalregime
 
LESSON 6. THE LEGACY
1. Concept and characteristics
2. Structure:
            2.1. The Subjects: Term legacies and under condition
            2.2. Object: Rights and property
3. Effectiveness of Legacie


4. Legal regime of the Legacy:
            4.1. Delatio, repudiation and acceptance
            4.2. Compliance, risks, fruits
4.3. Actions and guarantees of the legatee. The “cuarta falcidia” or fourth minimum inherited
5. Classification of Legacies
6. Failure and reduction of Legacies


 


 LESSON 7. THE INHERITANCE AGREEMENTS AND THE “MORTIS CAUSA” DONATIONS
1. Inheritance agreements:
1.1. Concept, subjects, content, form, inefficacy and resolution
1.2. Classification of inheritance agreements:
1.2.1. Contractual Heir. Concept and classification. Effects in life of the inheritor and when the succession is opened
1.2.2. The inheritance agreement concerning certain assets. Concept and classification
1.3. The inheritance agreements and family business protocols.


2. Mortis Causa Donations:
2.1. Concept and characteristic features: the contemplatio mortis and the revocability
2.2. Legal regime:
2.2.1. Capacity, purpose, property transfer and failure


2.2.2. Reference to the Legacy and inter vivos donations rules
 
LESSON 8. INTESTATESUCCESSION
1. Concept and intestate succession function. The opening of the intestate succession
2. The ab intestato heirs:
            2.1. The relationship. The right of representation
            2.2. Succession orders:
                        2.2.1. Right of children and descendants
2.2.2. Succession of the surviving spouse or cohabitant


                        2.2.3. Right of parents and ascendants
                        2.3.4. Right of the collateral
3. Intestate succession in case of adoption
4. The intestate succession of the pre-pubescent
5. The intestate succession of the Catalan Generalitat


 
LESSON  9. LEGAL ATTRIBUTION


1. The Forced Share


            1.1. Concept. Legal nature. Delatio
1.2. The beneficiaries. Deprivation and preterition. Right of representation.
1.3. The calculation of the global and individual Forced Share. Computing and imputation
            1. 4. The payment of the Forced Share:
                        1.4.1. The attribution of the Forced Share by the deceased
                        1.4.2. Intangibility and supplement of the Forced Share


                       1.4.3. Valuation of assets
                        1.4.4. Responsibility
            1.5. The “inoficiosidad”
            1.6. Extinction of the Forced Share. Renounce. Prescription
2. The quarta uxoris
            2.1. Concept. Legal nature. Requirements
            2.2. Calculation. Payment. Claim action. Guarantee
            2.3. Extinction and forfeiture


 


LESSON  10. THE ACQUISITION OF INHERITANCE
1. Hereditary acquisition systems
2. Capacity to accept and renounce
3. The interpellatio in iure
4. The acceptance:
            4.1. Concept and requirements
            4.1. Shapes. Tacit acceptance
5. The renunciation
5.1. Concept and requirements
5.2. Loss of the power to renunciate
5.3. Renunciation of inheritance to the detriment of creditors
6. Effects of acceptance:
6.1. Confusion of assets, unlimited liability.


6.2. Accepting succession cum beneficio inventarii:  without liability to debts beyond the assets descended.
 
LESSON 11. THE HEREDITARY COMMUNITY. THE PARTITION AND THE COLLATION
1. The hereditary community:
            1.1. Legal configuration: duration
            1.2. Legal system: administration and disposition of hereditary assets
2. The partition or sharing out a succession:
            2.1. Legitimation. Suspension
            2.2. Partial operations. Classification of partitions. The inheritance arbitration
            2.3. Efficiency of the partition. Rescission by injury
            2.4. Dispute of the partition. Liability of the joint heirs
3. The collatio
            3.1. Concept
            3.2. Collatable goods and their valuation
            3.3. Beneficiary


 
LESSON 12. THE PROTECTION OF HEREDITARY RIGHT


1. The claim to an inheritance:
            1.1. Legitimized
            1.2. Object
            1.3. Inheritance claim and usucapion (acquisitive prescription)
2. The apparent heir:
            2.1. Concept
2.3. Legal Regime: protection of third party in good faith and for onerous title purchasers.


 

Learning activities and methodology

Title Hours ECTS Learning outcomes
search for bibliography and jurisprudence 16.5 0.66 1, 3, 6, 11, 12, 14, 15, 22, 23, 24
writings 21 0.84 1, 2, 5, 7, 8, 10, 12, 15, 18, 21, 23, 24
study 43.5 1.74 2, 5, 6, 9, 12, 13, 16, 18, 20
master classes 22 0.88 2, 5, 7, 8, 9, 11, 13, 17, 19, 20
reading of legal texts 25 1 1, 10, 11, 13, 19, 20, 21, 23
Practical application of theoretical knowledge 22 0.88 1, 2, 5, 7, 10, 11, 13, 16, 18, 20

The learning process is based on the work of the student, who learns by doing, being the teacher's task to help by supplying information and showing where the juridical sources can be obtained.


Teaching, the student's training and the learning process are based on the following activities:

1. Activities directed by the teacher:


1.1 Lectures: the student can reached the fundamentals, the legal framework and the leading cases of the subject matter.

These lectures are the kind of activities in which less interactivity is required from the student and are conceived as a fundamentally one-direction method of transmitting knowledge on the side of the teacher. The theoretical class does not necessarily have to involve a passive position of the student since it can be built by both lecturer and studients or theoretical knowledge can be produced by the students and the teacher applying technology, for example, creating a wiki, via moodle. Theoretical content can be worked on from questions asked by the students or by the teacher in the classroom or from news which are published by media, etc.


1.2. Workshops: The lecturer will suggest at the beginning of the academic year the activities that he or she considers as pertinent to the effects of the ongoing student assessment by means of the publication in the classroom moodle the calendar with the chronogram activities. These are a kind of activities that students will develop in the classroom, with the supervision and support of the teacher.

Planned activities:

i) Exam of the part of the programm' subject matter, which is expected to release the student of such part (20%). 6 out of 10.

ii) Preparation by the student of one or two cases that are later solved in class and of which a document must be written (10%)

iii) legal terminology on Inheritance Law (5%)

iv) Case study (5%)

v) Legal coaching circles (10%)


2. Supervised activities: Tutoring

3. Students autonomous activities:


3.1. Production of legal documents: Analyzing of leading cases proposed in advance by the teacher extracted from court rulings or the performance of schemes of some sections of the matter proposed by the teacher, the development of a glossary of concepts. A exam is also proposed as an autonomous activity, the type of which will be determined by the teacher at the beginning of the academic year.


3.2. Search of bibliography and leading cases as good preparation for the exam.


3.3. Comprehensive reading of legal texts: Legal texts may be judgments, rules, journal articles or monographs, in addition to the suggested Handbooks. The specific material will be determined by the teacher during the academic year.

3.4. Learning

Single assessment

It will consist on:

- Case studies (25%)

- inheritance planning (25%)

- final exam, which will encompase all the topics concerning Succession Law (50%): in order to pass the exam it is mandatory to get 6 points out of 10.

Students will be assessed as long as they have completed a set of activities whose weight is equivalent to a minimum of 2/3 ot the total mark. If the value of the activities carried out does not reach this limit, the lecturer may consider the student as not evaluable. The same rule will apply in case of single assessment.

Annotation: within the schedule set by the centre or degree programme, 15 minutes of one class will be reserved for students to evaluate their lecturers and their courses or modules through questionnaires.

Assessment

Continuous assessment activities

Title Weight Hours ECTS Learning outcomes
assessed activities 50% 0 0 2, 3, 6, 7, 8, 9, 10, 12, 20, 21, 22, 23, 24, 25
reassessment 100% 0 0 2, 3, 5, 9, 10, 12, 17, 18, 19, 21, 22
Synthesis examination 50% 0 0 1, 2, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 19, 21, 23, 25, 26

Assessment

ORDINARY MARKS AND ASSESSMENT SYSTEM:

I. Ongoing assessment of the student:


1. There is an exam of part of the content of the program that it will be considered the 20% of the final mark. In order to pass the exam the student has to reached just 6 out of 10.

2. Cases studies and legal coaching circle (30%).

II. Final exam:

Every student, whether or not has passed the ongoing assessment, CAN ATTEND the final exam.

The specific type of exam (oral, written, development of relevant questions, multiple choice, etc.) will be determined by the teaching team. Students will be tested on all subject.

III.Marks system

Ongoing student assessment is 50% of the final mark. Final exam is 50 % of the final mark as well. In order to pass the final examn it s required a minimum mark: 2,5 out of 5. Furthermore, it is mandatory to get a minimu score of 2,5 in the final examen in order to average with the ongoing assessment final score.

Students should have reached a score of 5 out of 10 as final mark in order to pass the academic year in this field of law.


REASSESSMENT: Students must obtain a grade of at least 3 between the ongoing assessment mark and that of the final exam to be eligible for reassessment. Students will be assessed for all the matters presented during the course. However, the oingoing assessment score will be taken into account.

Students must get a score of at least 5 in order to pass the course. The final grade will be such achieved in the reassessment plus the ongoing student asessment marks.


Single assessment:

It will consist on:

- Case study (25%)

- inheritance planning (25%)

- final exam, which will encompase all the topics concerning Succession Law (50%): in order to pass the exam it is mandatory to get 6 points out of 10.


Students will be assessed as long as they have completed a set of activities whose weight is equivalent to a minimum of 2/3 ot the total mark. If the value of the activities carried out does not reach this limit, the lecturer may consider the student as not evaluable. The same rule will apply in case of single assessment.


Use AI:

For this subject, the use of Artificial Intelligence (AI) technologies is permitted exclusively in support tasks, such as bibliographic or information searches, text correction or translations. The student must clearly identify which parts have been generated with this technology, specify the tools used and include a critical reflection on how these have influenced the process and the final result of the activity. The lack of transparency in the use of AI in this assessable activity will be considered a lack of academic honesty and may lead to a partial or total penalty in the grade of the activity, or greater sanctions in serious cases.


Lectures attendance:

At least 80% of the classes.


IMPORTANT: In the event that the student copied, committed plagiarism or continued to discover any prohibitive device in any evaluation test, the professor will grade both a 0 in this evaluation act, and will notify the Faculty Deganat of the fact by presenting a report on the circumstances and evidence of the product per to request the opening of a possible disciplinary file against the student. This appraisal activity will not be recoverable. In case more than one irregularity is produced in the evaluation acts of a subject subject, the final qualification of that subject is 0.



Bibliography

1. Legislation:

- Civil Code of Catalonia and complementary legislation

2. Basic bibliography:

- Lliçons de Dret Civil Català VII. dret de Successions. Mª del Carmen Gete-Alonso- Judith Solé, València, Tirant lo Blanch, 2020 (https://biblioteca-tirant-com.are.uab.cat/cloudLibrary/ebook/show/9788413369136).

- Comentario al Código civil de Cataluña, Libro 4. Derecho de sucesiones, Antoni Vaquer, Atelier, 2024.

- Derecho civil de Cataluña. Derecho de sucesiones. Antoni Vaquer – Pedro del Pozo – Esteve Bosch, Marcial Pons, 2017.

3. Complementary bibliography:

- Dret de successions. Teoria i casos, Mª Esperança Ginebra, Lídia Arnau, Jaume Tarabal, Atelier, 2023.

- Tratado de Derecho de sucesiones, Mª del Carmen Gete-Alonso (dir.), Judith Solé (coord.), Thomson Reuters, 2ª edic., 2016.

Software

There is not such activity

Course groups and languages

The information provided is provisional until November 30. After this date, you will be able to consult the language of each group through this link. To access the information, you will need to enter the course CODE

Type of teaching Group Language Semester Shift
(TE) Theory 1 Catalan/Spanish second semester morning-mixed
(PAUL) Classroom practices 1 Catalan/Spanish second semester morning-mixed