Resumen
Previous considerations of the emergence of liability for the hereditary debts and the recognition in the Spanish legal system to the right of restitution in favor of the co-heir solidarity, the present study approach the theoretical bases of this right, and that they revolve around the reestablishment of the patrimonial balance breakdown due to the unjustified enrichment of those co-debtors who, by virtue of the profit received by the solvens intervention, were released from the part of the debt to which they were also obligated.
Título traducido de la contribución | AROUND the BASES of the RIGHT of RESTITUTION in FAVOR of the CO-HEIR SOLIDARITY |
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Idioma original | Español |
Páginas (desde-hasta) | 576-609 |
Número de páginas | 34 |
Publicación | Actualidad Juridica Iberoamericana |
N.º | 14 |
Estado | Publicada - feb. 2021 |
Palabras clave
- Equity
- Hereditary debts
- Law of restitution
- Legal subrogation
- Passive solidarity
- Unjustified enrichment