Essay on Family Heritage
The family heritage mechanism is responsible for protecting, protecting, defending and protecting the set of indispensable assets that a family group has, giving it the characteristic of unattachable and safeguarding them from those risks, insecurities, hazards or contingencies that in thetime to arise.
Within it, two types of constitutions have been jurisprudentially developed, which are divided between the unattainable assembly of voluntary family and mandatory family heritage. Within the volunteer, there are those people who spontaneous and freely decide to subscribe to this figure as they are, the permanent spouses or partners who decide under this regime to protect their community of life;Also the debtors of individual housing credits that conform to the total value of the respective property when the credit has been granted for at least 50% of the value of the property and on the other hand;They are within the mandatory category of social interest housing and priority interest, even when they subscribe to improvements in the property of others.
In that same sense, Law 861 of 2013 extended the possibility of accessing him, to the men and women who are considered a home head and who in favor of the support and protection of their minor children, subscribe their only real estate. In these terms, no substantial impediment or any tax appraisal with respect to the value of the property for its creation is condensed. All this, supported by the special protection that minors should receive as constitutionally protected subjects and in situations of violation and segregation that these families have suffered.
In these terms, it is understood that the parties involved in the constitution of the unattachable heritage of family, are the constituent or interested, understanding them as that person holding the domain law, who signs their domestic credit in order to protect its nucleusfamily of possible misfortunes and on the other hand;The beneficiaries are the ones who make up their family nucleus and enjoy the protection that is granted to them.
This means that they are legitimized to institute it, couples linked by marriage or marital union, these included in terms of equality, through Law 495 of 1999, their respective descendants, relatives who are located in the second degree of consanguinityand even a third;as long as they have the permanent and absolute domain of the property;Do not hold it with another individual or group of pro -individual persons, that the collection is not seized, or with tax of any kind and does not exceed the value of 250 SMLV at the time of its constitution. However, if good has an irremediably lower value than the legally required, other goods may be linked until said amount.
Regarding the conformation procedure, a petition must be carried out before the judge of the circuit, belonging to the territory in which the good in question is, where the union of stable and permanent nature, the present or future existence, the present or future existence must be recordedof descendants within said link and the oath that it is not created in a embezzlement of defrauding, cheating or impairing the interests of third parties interested in said good.
Within the onerosity of said mechanism, the registration tax must be paid, corresponding to the value of 5% of the good and all receipts must be delivered to the respective notary to annex them in the corresponding public deed and register in the real estate registry withinThe subsequent 90 days, since if the above is not, the writing resilizes and a petition must be made again.
However, for housing of social interest and priority interest, this mechanism, being mandatory for them, has no cost.
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