The transfer of the “in rem right” on inheritance and of an estate share

Abstract

The first part of this paper is a theoretical examination of the so called in rem right on inheritance (“derecho real de herencia”) in which the author considers this legal construct as abstract and scarcely useful when applied to solving practical matters such as legal claims to receive part of an estate and the assignment or transfer of rights in an estate. In the second part the author examines, by attending to current law on transfer of inheritance rights, the fundamentals of this institution, and also the transfer procedure when real property is part of the estate.