Yllan Mario Pumarica Rubina, Nilton Isaias Cueva Quezada, Gerardo Francisco Ludeña González
DOI: 10.59427/rcli/2024/v24cs.1304-1313
The intentional omission of heirs in intestate succession represents one of the main sources of conflict in Peru, as it generates adverse phenomena such as the weakening of the institution of the family, increased procedural burden, impact on the economic system and impact on property rights. The purpose of this short original article was an analysis of the willful omission of heirs in intestate succession and indignity as a source of inheritance justice in order to contribute and understand how the willful omission of heirs in intestate succession impacts the fundamental right to inheritance and in the civil figure of indignity in the judicial district of Lima Norte (2023). The method was a qualitative, hybrid approach, of a basic inductive-deductive nature, through thematic analysis design, applying analysis of documentary sources, scientific bases such as Scopus, Scielo, Redalyc. The results show that in current Peruvian legislation there are serious deficiencies when regulating intestate succession procedures. Concluding that the precepts of article 831 of the Civil Procedure Code and article 39 of Law 26662, Law of Notarial Competence in Non-Litigious Matters, do not regulate an effective protection mechanism to include in the application all subjects with a hereditary vocation. Therefore the fundamental right to inheritance is an important fundamental right that is related to other fundamental rights. However, current regulations do not have a sufficient mechanism to prevent heirs from being omitted in intestate succession processes. The solution results from a procedural legal reform that incorporates as a cause of indignity the procedure of willful omission of heirs in intestate succession, as well as other preventive reforms.
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