LA DELIMITACIÓN CONCEPTUAL DEL FIDEICOMISO DE RESIDUO EN EL DERECHO ACTUAL: CUESTIONES RESUELTAS Y PENDIENTES DE RESOLUCIÓN.
Keywords:
TRUST, TRUSTEESHIP OF THE RESIDUARY ESTATE IN THE EVENT OF THE HEIR'S DEATH BEFORE THE ASSETS OF THE ESTATE ARE ENTIRELY EXTINGUISHED, REAL SUBROGATIONAbstract
This is a study of that traditional concept in succession law, the trusteeship of the residuary estate in the event of the heir's death before the assets of the estate are entirely extinguished. A critical overview of the approaches found in legal thought and case law is presented. Solutions are offered to the more-conflictive issues and the questions whose resolution involves direr legal consequences. A detailed analysis of the most-recent case law is given, including the author's views about which portions of case law she agrees with and which portions she rejects. As a result, this up-to-the-moment article finds the modern significance in the ever-classic institution.