Lineamientos de trabajo para el documento 06

Argentine Inheritance Law

1)     Identificar las diferencias léxicas entre el Código Civil de Vélez (artículos 3591 y ss.) y el Código Civil y Comercial (artículos 2444 y ss.) en relación con la terminología relativa a la porción legítima. Por ejemplo, causante y heredero forzoso. 

2)     Definir los conceptos de “tracto abreviado” y “derecho de representación”.

3)     Reflexionar sobre el uso del término “escribano” en el texto fuente y pensar posibles traducciones en diferentes contextos. Por ejemplo, traducir para la comunidad hispana en Estados Unidos o traducir para un lector argentino.

4)     Traducir al español los siguientes párrafos:

- What is Considered the “Legitimate Portion” in an Inheritance?

It is the portion of the inheritance that by law belongs to the forced heirs. The testator can only have the percentage indicated by law given to a named individual without affecting the rightful portion of such heirs.

A widower with children is entitled to half of the inheritance if a written will is in place leaving assets to another individual; where if there is no spouse only the children are entitled to four fifths of the estate. This does not mean that the children would automatically receive four fifths of everything, but just that the deceased can only give away -by a written and formal will- one fifth of his/her estate to someone outside the scope of the heirs’ universal right to inherit. This possibility is known as the “disposable portion”.

- What is the “Registration by Abbreviated Tract” Mean? (Commonly Known in Spanish as: “Sucesion Por Tracto Abreviado”)

The heir of a good can request the Judge -and its court- to arrange the inscription of the “declaration for brief tract”. This step takes place when the heirs and the new buyers sign to buy a ticket of sale for the property that is in succession. In this way, the Argentinean escribano, who is duly authorized on the court records, can process this inscription which is quite straight by means of “brief tract"; in other words, it bypasses all heirs and moves directly to a new purchaser without having to put the property directly in the name of any heirs when they intend to liquidate all existing assets. This process can duly avoid paying unnecessary taxes, it shortens the estate-probate process and also avoids giving explanations to the government as for how property was obtained through succession. If this step is taken, the heirs do not need to record the title as they are assigning their rights to inherit to a third party willing to purchase the property they will inherit through the Judge’s declaration of heirs.

- What is the Right of Representation on the Succession?

If the person who must inherit unexpectedly passes away, this person triggers the right of its descendants, to put them in the place of the deceased heir. (For example: if a person dies first, her father, after his grandfather and so on. In this type of inheritance process - the grandfather - such person would inherit by "right of representation" of the deceased father and would have the same portion of inheritance that would have been assigned to the other heirs.