Necesidad de regular el protocolo de transmisión sucesoria para las empresas o negocios unipersonales, como una excepción a la legítima y a los herederos forzosos

• Autor: Olavarría Vivian, Juan Alejandro
• Formato: tesis de maestría
• Fecha de Publicación: 2021
• Institución: Universidad de Lima
• Repositorio: ULIMA-Institucional
• Lenguaje: español
• OAI Identifier: oai:repositorio.ulima.edu.pe:20.500.12724/14392
• Enlace del recurso: https://hdl.handle.net/20.500.12724/14392
• Nivel de acceso: acceso abierto
• Materia: Legitime; Business law; Inheritance and succession; Legítima; Derecho empresarial; Herencias y sucesiones; https://purl.org/pe-repo/ocde/ford#5.05.00

We are able to notice in the following research paper a need which every time becomes larger in relationship with the possibility of making more flexible the rigidity of the intangibility of the heir at law and the equality of the hereditary portion of the heir apparent, for the specific case in which by will the entrepreneur, highly in those cases of unipersonal businesses, can make free use with a greater range and liberty to who or whom he awards the business or the property or patrimony of the before mentioned after he passes away. The company now as corporate year or economic activity is not only seen as a production unit with the destined market for economic interests of the owner, since in his surroundings and also inside the same company exist a series of interests bonded together in bigger or smaller degree to its conservations and permanence and in a few cases in addition to its strengthening and growth. So, the conversation and applicability of the production unit is not a topic that concerns in an exclusive manner the head of the company or business, because the workers that are dependent and non-dependent, the suppliers, the clients, the State and the same society benefit themselves of a company that has already started, what becomes unquestionable till a higher truth of truism. In the same way the closure or the bankruptcy of a business does not only harm the head of the business since it drags all the rest of the group of people with a legitimate interest. That is why in this monograph the quality of the Fundamental Right is questioned of the person who inherits in our Political Constitution of the State, what can be considered as something unbreakable and unsurpassed which subtracts validity to the final proposal in which we conclude in the need of expanding the power of the testator so that this person can choose with more liberty to whom he would like to give his inheritance, in extreme and special cases, his unipersonal business or the result of the estate of said business, with the end that at his death the one whom is chosen can continue it.