In our daily practice, the action for reduction of unlawful donations emerges as a crucial mechanism to protect the rights of the legitimaries. This remedy, detailed in Articles 636 to 656 of the Civil Code, allows for the correction of situations where donations made by the deceased negatively affect the legitime of their forced heirs. However, the procedure is complex, with implications ranging from the computation of the legitime to the protection of the rights of third-party acquirers. This article aims to break down these aspects, providing a technical analysis that is expected to be useful for professionals in succession law.
Computation of the Legitime and Unlawful Donations
The process of determining whether a donation is unlawful begins with the computation of the legitime, which is calculated based on the value of the estate at the time of the deceased's passing, including donations made during their lifetime. According to Article 818 of the Civil Code, the legitime must first be covered with the deceased's assets at the time of their death, and only if these assets are insufficient does the reduction of donations proceed.
This calculation is not without complexities, especially when multiple donations have been made over time. The valuation of donated assets must be made according to their value at the time of the donation, but with improvements or deteriorations experienced until the deceased's death, which requires adequate expertise and, at times, may lead to judicial controversies.
Order of Reduction: Partial or Total Unlawfulness
The reduction of donations follows a specific order established by Article 817 of the Civil Code. Testamentary dispositions are reduced first, and if these are insufficient, donations are addressed next. In this context, unlawfulness can be partial or total, depending on the value of the donations compared to the available estate.
The doctrine has extensively debated the possibility of a donation being considered partially unlawful, which implies that part of the donation would remain valid while the excess should be returned. This interpretation seeks to balance the rights of the legitimaries with the wishes of the deceased, but it is not always straightforward to apply in practice.
Active Standing and Prescription
The active standing to file the action for reduction belongs to the forced heirs, who must demonstrate that their legitimes have been affected by the donations made. It is crucial for these heirs to act diligently, as the prescription period for this action is four years from the opening of the succession, according to Article 1964 of the Civil Code.
The Supreme Court emphasized in its 2025 ruling the importance of forced heirs acting within this period, highlighting that inaction may consolidate situations that could initially have been considered unlawful. This jurisprudence underscores the need for proactive management of hereditary rights.
Effects on Third-Party Acquirers
One of the most contentious aspects of the reduction of unlawful donations is its impact on third-party acquirers. Article 643 of the Civil Code establishes that donated assets can be reclaimed by the legitimaries, which directly affects the rights of those who have acquired such assets in good faith.
The protection of these third parties is based on registration and good faith, as reaffirmed by the Supreme Court in various rulings. However, acquirers must be prepared to face potential claims, highlighting the importance of conducting thorough due diligence before accepting assets from a donation.
- Verify the existence of registration entries that may affect the assets.
- Evaluate the value of the donations and their impact on the legitime.
- Consider the possibility of extrajudicial agreements to avoid prolonged litigation.
In conclusion, the action for reduction of unlawful donations is an essential tool to secure the rights of forced heirs, but its application requires a detailed understanding of the regulatory and jurisprudential framework. Tools like LexPartis greatly facilitate the management of these processes, providing legal professionals with resources to handle the complexities of successions with greater precision and efficiency.