Cautio legatorum servandorum due precautionary measures to ensure the rights of the legatees
Posted by Manuel Casal | Section Juris. Procedural
"So, for instance, the court emphasizes that cautio legatorum servandorum because the caution is provided by the Crown at the request of the legatees, but its goal remains limited in scope obligacionals legacies (or damnation by way sinendi ), subject to legacies in condition or term in the doubtful, but would not apply to bequests of real effectiveness (for vindicationem), which would be the case at hand.
II .- In this case, although it can be arranged with the jutjador in quo and the distance that cautio legatorum servandorum was relegated because, from the Constitutions of Justinian the first third of the sixth century after Christ for ensure the effectiveness obligacional legacies, as well as those subject to term or condition. In this regard, the Code 6,43,1 and 3 will show how the Emperor Justinian was stamped with a general nature, the emission in possession and other guarantees as joint action on the mortgage and real legacy of the radical inefficiency Device acts carried out by the Crown.
From this orbit of ideas, should understand the inadmissibility of cautio legatorum servandorum due to ensure the legacy of real effectiveness, attributed to the moment of this measure. I should also add that you can not incardinated in the case where the validity is discussed, the object or the execution of bequests for the granting of cautio, every time this exception is aimed at contemplation of litigation legacies, which we discuss its validity, that integrates the obecte or the manner in which to proceed with the execution, whereas in this case, the legatees may exercise the reivindicatòria action to receive their legacies to the heirs front, there's no discussion about the legal form of execution or in relation to the object of the legacy. "
Aunt of the Civil Division of the High Court dated 26/4/07, speaker JM. April, Aunt 102/06.
Tags: legacies
