Facultad notarial para realizar el inventario solemne de los bienes del causante, sugerencia de reforma.

Abstract

This study focuses on determining the feasibility of carrying out the inventory of hereditary assets at the notary's headquarters, taking into account that notaries are only empowered to solemnize the partition of hereditary assets despite the fact that, being the inventory a voluntary procedure, their jurisdiction is exclusive to the judges. It should be noted that, the acceptance of the inheritance without the prior inventory of the assets, will mean that the heir will respond for the transmissible obligations of the deceased even with his own assets, causing him a loss, not having to celebrate it before the notary, but before a judge to Enjoy the benefit of inventory and thus protect your assets, limiting yourself to covering obligations only with inherited assets. The methodology for the development considered among the theoretical methods the synthetic analytical, inductive deductive and the logical historical, while the empirical methods were the documentary analysis, interview with judges and notary, in addition to comparative law where the intervention of the notary in the inventory formation, this in Mexico and Spain. The data collected allowed to base a reform to the regulatory framework, this in the Notary Law, granting the attribution to the notary as long as there is no opposition from the applicants during the process.