EL RÉGIMEN DE COLACIÓN DE GASTOS EN EL CÓDIGO CIVIL.

Abstract

This paper studies the institution of the hotchpot, although it focuses specifically on articles 1.041 to 1.044, which address the object of the hotchpot, i.e., the liberalities or advancements excluded and included therein. Thus we look at expenditures paid for food, education and learning, medical treatment, ordinary outfitting, customary gifts, special needs, payment of debts, achievement of a title. Articles 1.041 to 1.044 are not worded for use in the present day. Therefore they need to be reinterpreted in tune with the social realities of the times. We are therefore led in certain cases to espouse their repeal. Looking thus at the study, it might be stressed that we do not enter into other issues, such as the events, foundation, nature or appraisal of the assets in a hotchpot. We do not refer to the different gratuitous legal acts that may be included, but instead we emphasize expenditures proper, independently of the institution that served as the basis for the liberality, with the exception of remunerative gifts, to which we dedicate a few lines due to the special features therein entailed. In addition, there is discussion of the hotchpot regimen with respect to things that are not properly gifts, but «expenditures» that the testator makes in life due to the special relationship and in some cases because the testator is obliged so to do