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There are two topics in the succession class that we find most confusing.

First is the Iron Curtain


Rule and second is the reserva troncal. Since the latter topic is still fresh from my mind (courtesy
of Judge Arenas) I will post it here.

The parties:

1) Origin - the ascendant, brother or sister from whom the propositus acquired the property by
gratuitous title.

2) Propositus - the descendant from whom the reservista acquired the property by operation of
law.

3) Reservista - the ascendant of the propostus who acquired the property by operation of law.
He is under obligation to reserve the property.

4) Reservatarios - relatives of the propositus who are within the third degree and who belong to
the line from which the property came from and for whose benefit the reservation is
constituted.

Deaths:

Reserva Troncal may involve three deaths:

1st - The death of the origin - transfers the reserva to the propositus by gratuitous title
(donation, transmission, succession).

2nd - The death of the propositus - transfers the reserva to the reservista. (The propositus
should have no issue of descendants.)

3rd - The death of the reservatarios - transfers the property to the reservatarios.

May the reservista sell the reserva?

Yes, subject to resolutory condition. In fact, the contract is rescissible.

Suppose there is no reservatarios?

The reserva shall be released and will follow regular order of succession.
Is the right of representation applicable in reserva troncal?

Yes.

Question of the Day

Can the reservista execute a will disposing of the reservable property? Why?

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