Publicación:

Análisis del testamento privilegiado y su aplicación en Villavicencio

Resumen

The present research work was prepared within the context of Civil Law, specifically within the part that corresponds to Succession Law, stipulated in Title III of the civil code, which refers to "On the Ordination of the Testament", focusing on what referring to the privileged will, which can be found in chapter IV, article 1087 onwards. The objective of this work is to cover what is related to the privileged will modes, which, in our national order are three; the military privileged will, the maritime privileged will and the verbal privileged will. Achieving an understanding of the various modes from their historical background, knowing their origin and social need, following the guidelines that come from Ancient Rome to modern times, thus achieving a real understanding of them. Our analysis seeks that people in general know about the importance of this type of will, as well as that academics and professionals find it as a doctrinal reference, understanding the complexity of the privileged will, as well as its applicability, its reservations, its privileges and its disadvantages, also how it can be accessed and the correct way to do it. We will make a tour of the legal and academic part to give a better understanding of succession and will, especially related to the privileged will, which, although it has less solemnity, has more particularities and complications when it comes to its application. subject in which the development of this work will be deepened. The will in Colombia is the manifestation of the last will of the deceased, with which it is not only sought that their will be carried out, but also as a guarantee of their rights, it fulfills a double function of protection, on the one hand, it protects the right of the heritage , which is its main purpose and on the other, that related to the institution of the family and the need for its protection as the fundamental nucleus of society. Our search focuses on understanding and understanding the complexity of the privileged will in the national territory, as well as the search for a correct and effective application, in order to avoid nullities and declarations of non-existence for professionals who want to apply it in the future.