Search Results
Search Results
-
THE FAMILY ENTERPRISE AND FARMING PRODUCTION UNIT: CONTINUITY MECHANISMS ALLOWED WHEN THE OWNER DECEASES UNDER THE CHILEAN SUCCESSIONS LAW
In Chile, by application of the principle of intangibility in the reserve portion, the causant in the heritance has certain drawbacks to dispose of his property by will, using in some cases other kind of legal institutions, outside the legal act, in order to planning his succession.
This subject has relevance when the causant is the owner of a Family enterprise or a Farming Production unit. This work shows the different obsta- cles that the causant of the inheritance has for dispose of the economical unit in favor of a heir, in order to keep the continuity of it, which in many cases can lead to the division of such enterprise or unit. For this reason, certain mechanisms are proposed for an adequate protection and conservation of the Family enterprise or the Farming production unit at the decease of the cau- sant, but protecting properly the rights of the heirs in their reserved portion.
-
The unenforceability of the declaration of good family against third parties in respect of rights or actions that the spouses have in companies owning a property that is principal residence of the family
The present investigation aims to determine from when the declaration of good family is opposable to third party purchaser, especially with res- pect of the rights or actions that the spouses have in companies owning a property that be the primary residence (case referred to in art. 146.3°CC).