Legitimacy registration according to its nature: special examination of art. 15 lh

Abstract

The registration of the legitimacy in the Land Registry can be done in different ways. This registry record will depend on the nature of the legitime in each case, since, obviously, if it is considered to be part of the inheritance, and the forced heir will arrive at the registry as a real right of co-ownership over the hereditary assets, but If it is considered that it is a value that must be made effective on part of the hereditary assets, its access to the registry will be done in another way -by means of the registry mention-, and it should not even have a registry record if it is understood that the legitimate is a mere credit against the inheritance. The legal nature of the legitimate determines its registration in the Registry, and this is what is analyzed in this paper, paying special attention to the registry mention of the legitimacy that includes art. 15 LH, regarding its budgets, application requirements and effects