La autorización de venta de bienes de niños, niñas y adolescentes y de personas sometidas a guardas en los casos de sucesión por causa de muerte, frente al procedimiento voluntario de inventario y partición

Abstract

Abstract: The approach to this problem addresses the result of different processes, in which some judges have requested certain requirements and proceedings in addition to those indicated in the COGEP to guarantee the rights of the parties involved in the process, compared to others who have not required beyond the demand request formality. Another point to consider is that, in order to sell a property in which the line of succession is open, the partition is necessary, be it voluntary or judicial; For this reason, this problem has been raised, since, if the authorization for the sale of the property of the persons indicated in the article is given, in numeral 6 of article 334 of the COGEP code, there could be a judicial conflict, generated by the lack of application of due process and the right to defense. From the approach to this problem, an exhaustive analysis of the voluntary procedure is sought, applying legal certainty and due process, as well as the sound criticism of the judge, guiding the formal knowledge of the law, including the claims in cases of authorization of sale. of girls, boys and adolescents and, of people under guardianship, in a way that allows us to discern whether the authorization for the sale of goods is sufficient or it is necessary to present an inventory and partition trial to be able to sell a person who cannot dispose of for herself of her assets.