Assignment of Successional Rights, Inheritance,

Inheritance in Venezuela, Concept, Validity

Model
The assignment of hereditary rights is an act
legal in virtue of which a subject transmits to
another feature of the hereditary quota that he
has been granted by virtue of a will or of the
law.
Article 765 of the Venezuelan Civil Code,
point out:
Every community member has full ownership of their
quota and the profits or fruits
corresponding. It can transfer, assign or
mortgage this part freely, and even substitute
other people in the enjoyment of them...
The Author RipertBoulanger conceptualizes the
assignment of hereditary rights, stating that:
it is a convention by which a call to
to receive a succession yields to another all the
rights that one may have over the goods of the
deceased, provided that the assignee
satisfy in their place the burdens that weigh on
she in her capacity as heir. This assignment
A sale is constituted when it is made by a
price in money and a donation when is
free" (Treatise on Civil Law, volume VIII, p.
171).
For his part, Dr. Enrique Andueza Acuña,
in his work he expresses to us that for its validity it is
it is necessary for the succession to be open and once
the heirs can renounce it (art.
1005 Cciv), transfer it, or assign it or donate it to a
strange, to the other co-heirs or to any of them
they (art. 1004 Cciv). The assignment includes
all corporeal assets, all credits and
all debts, but not the quality of
heir. (From the Assignment of Credits and others
Rights, p. 67.
In his monograph, Professor Ángel Cristóbal
Montes expresses that this assignment of credit
hereditary is nothing more than the sale of the
inheritance
It implies that all the assets be transferred
active and passive as received from the
decuyus, in summary the entire compendium itself in
the state in which it is at the moment
from the opening of the succession; now, this
it takes place neither more nor less for the simple reason
that singular goods are not sold
members of the relic property but the
hereditary aggregate considered in form
unitary, that is, inheritance as a unit
complex or universal law. That is why the heir
seller abdicates all inherited and therefore
the buyer acquires the goods and
rights and burden with debts and obligations
of the inheritance" (The Sale of the Inheritance, p. 45).
Pointing out the same author about the
formalities of this convention, p. 49, that in
Venezuela has freedom of forms, not existing
no specific provision that requires it in
written form and less with the formality
solemn registration.
However, we consider that due to the nature
consensual transfer of rights
hereditary, the transmission operates, between parties,
with just writing. In contrast, facing
third parties, a mechanism is necessary for
advertising that replaces what is in matter
of the assignment of credits constitutes the notification
to the assigned debtor. This advertisement is achieved
Registering that assignment of rights
hereditary and does not exist the "assigned debtor" to
who notifies, the notification is fulfilled with the
presentation of the writing in trial.
Article 1.549 of the Civil Code states that:
"The sale or assignment of credit, of a right or
of an action, they are perfect and the transferred right
is transmitted to the assignee, as long as there is
agreed on the credit or assigned right and
the price, even if it has not become tradition.
It is derived from the aforementioned norm that
for the transfer to be perfect, the following must occur
in it, two elements: 1°) the credit or right
granted, and 2°) the price. Likewise, the lack of the
price constitutes a lack of consent
(Art. 1.141 CC.), which renders the assignment nonexistent.

In the ruling of June 18, 1987 with

presentation by Judge Dr. Adán Febres
Lamb, the ancient Supreme Court of Justice,
he held the following criterion, related to the
lack of stipulation of the price in the transfer of
credits:
It is evident, therefore, that the price of the
cession, by express provision of the law,
constitutes an essential element for the
existence of the legal act, since there is no
price there is also no consent to that
regarding, which entails the non-existence of the
contract, as provided in article 1,141
of the Civil Code, according to which the consent
of the parts is one of the conditions
required for the existence of the agreement.
In a ruling dated November 30, 1977,
when considering a case similar to the present one, since
se trataba también de la nulidad absoluta de
a transfer of credit due to lack of price, it
established that 'the non-existence of the
contracts and the absolute nullity of the same
they can be declared ex officio by the
Judges ..”, with which this Court left
clearly stated that the lack of price in
a transfer of credit constitutes a question
of law pertaining to public order that the
The judge can raise and resolve in the ruling
without any allegation from either party, by virtue of the principle

"The court knows the law." Another ruling from our

Supreme Court dated April 24, 1998,
with the presentation of Magistrate Dr. Magali
Perretde Parada establishes the criterion that
the value of a ceded credit must not
to confuse with the price of it:
The Chamber is of the opinion that, although the
transmission of the property of the action is
materializes through its registration in the Book
of Shareholders signed by the assignor and the
cessionary, such assignment must be supported by a
price. This arises from the interpretation of Art.
1.549 of the Civil Code. (…) Now then, according to the
doctrine of the Chamber the price of a credit
given should not be confused with the value of
same. In the specific case, the contract
content of the assignment, according to the appealed, not
contains the price at which it was carried out
operation, reason why one of
the requirements demanded for it to be
valid in light of the respective norms
legal. (…) The chamber has stated: '… once
that the appealed analyzes the document
content of the assignment, presented by the actor
cessionary as fundamental to demand,
concludes that although there was an agreement between the
assignor and the assignee regarding the assigned credit and
its value was omitted in the respective document
indicate the price at which it was made
negotiation, because one thing is the nominal value of
credit granted and another is the price of the assignment, the
which can even be greater or less than the
value itself granted to the credit. Does not find
the chamber that with the previous pronouncement the
recurring would have denaturalized a mention
about the price in the document of the
cession
Inheritance and inheritance rights
An inheritance is the set of goods and
obligations that by their own right a
person receives after the death of the cause
virtue of the law or of the will. Among the
death of the deceased and the division of the
inheritance, the succession is the exclusive owner
of the assets that make it up. The heir does not
enjoys the singular dominion of the goods of the
succession, and only comes to acquire them when they are
liquidate the inheritance and allocate it
effectively the corresponding assets.
The heir can succeed to universal title or
as a legatee. The legacy is a form of
particular succession, through which the deceased
leave a specific good or right, or a set
of singular goods or rights to one or several
individuals. The one who receives the specific good
he is called a legatee, and only succeeds to
deceased in that which has been bequeathed to him and not
generally speaking.
The transfer of inheritance rights
While the quality of being an heir of a person
it cannot be transmitted to any other person,
Yes, inheritance rights can be transferred.
With the assignment, the assignor transfers to the
assigning the rights it holds over the
inheritance and it will then be he who claims it
the inheritance rights that correspond to him
in the succession, what it implies for the assignee
having to wait until the partition of the
succession to become the owner of the assets
that has the right.
This is how it will only be possible to know
with certainty which assets will be awarded to
cessionary in the partition of the succession and
allocation of the mass of assets,
especially considering that they can
new heirs will appear with whom there will be
to redistribute the goods.
For the assignment of hereditary rights
It must be granted public writing to have effects.
(Civil Code, article 1857). Based on it, the
the assignor must be recognized in the procedure
from the succession, and take the place of the assignor,
who, as has already been said, cannot be made
part of the process. Such assignment may
to become another heir or a third party, attulo
universal or singular (linked to goods
determined by the community of goods), and to
any title: sale, exchange, donation,
society, etc.
Additionally, the assignment must be made one
Once the deceased has passed away.

Some tax considerations

By virtue of article 302 of the Statute
Tax-related, the value received from an inheritance or
inheritance is considered as profit
occasional, since it arises from an event
extraordinary and unrelated to the activities
ordinary of the taxpayer. By being a
complementary income tax, the profit
occasional must be declared as income
independent and calculate the tax on the
current rate of 10%.
Taking into account the concept 33637 of the 20th of
November 2018 of the DIAN and Article 303
of the Tax Statute, the base value for
determining the occasional gain will be the one that
have such assets and rights as of the 31st of
December of the year immediately preceding the
date of the settlement of the succession.
In the case of certain goods and rights, the value
it will be determined following the established rules
in the mentioned article 303 of the Statute
Tax. For example, the value of the
monetary sums will be at their nominal value, the
the value of the vehicles will be that of the appraisal
commercial fixed annually, and that of the
real estate will be determined in accordance
with article 277 of that Statute.
However, declaring an inheritance does not
automatically means the generation of a
tax on occasional gains. Article 307
of the Tax Statute establishes some
exemptions, among which it is worth highlighting the
following: (i) the first 7,700 UVT –
equivalents in 2020 to $274,173,900 of
value of the property of the deceased; (ii) the
first 7,700 UVT – equivalent in 2020 to
$274,173,900 for the value of a rural property
property of the deceased, intended for housing or
economic exploitation (does not apply to houses,
country houses or recreational estates); and (iii) the first
3,490 UVT – equivalent in 2020 to
$124,268,430 of the value of the allocation that by
concept of marital portion or inheritance or
inheritance shall be received by the surviving spouse and each one

of the heirs or legatees, as the case may be.

Although the quality of heir of a person

cannot be transmitted to any other person,
Yes, inheritance rights can be transferred.
With the assignment, the assignor transfers to the
cessionary the rights it holds over the
inheritance and it will then be he who claims
the inheritance rights that correspond to him/her
in the succession. Depending on whether the assignment is made by title

onerous or free, the operation will have

various fiscal impacts that are necessary
review in each particular case.
On its part, the assignment of inheritance rights
costly shipping generates taxes at the rate of
rent for the transferor, and therefore, does not apply
the 10% rate of occasional profit
(articles 653, 1967 and 1968 of the Civil Code; and
articles 7, 26, 27 and other corresponding ones of the
Tax Statute.
On the other hand, the assignment of inheritance rights
free trial does not generate an increase in the
assets of the transferor, therefore, it is not applicable
the payment of taxes for this, and the income
It must be recognized by the assignee.
Although initially there is only one right,
upon the settlement of the estate, the legatee will receive the
asset over which the rights were transferred. By
the occasional gain that is generated
for the assignee of the hereditary rights
it can only be determined at that moment.
According to the above, who acquires
inheritance rights must be declared as
occasional gain the value assigned to it
in the respective succession and treat as cost the
amount paid to the assigning heir. As a way of
conclusion, who relinquishes inheritance rights to
A onerous title must declare the income as
ordinary rent, and who acquires the rights
you must declare a profit tax
occasional for the value assigned to it in the
succession of the deceased, minus the costs and
expenses incurred to participate in that
assignment. That is why, although the figure of the
the assignment of inheritance rights can be of
great usefulness and is commonly used, before
to proceed, it is necessary to review the fiscal impact
of the operation in each particular case.

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RELATED ARTICLES
MODEL ASSIGNMENT OF INHERITANCE RIGHTS
ART,765 VENEZUELAN CIVIL CODE
We xxxxxx, Venezuelans, single,
adults, holders of the ID card of
ID No. V.xxx, profession: XXXX
domiciled in; XXXXXXXX and who in the
successive and for the purposes of this contract, it
designates THE ASSIGNOR, on one part and on the other,
the citizen xxxxxxxx, Venezuelan, single,
of legal age holder of the identity card
No. V- XXXXXX, profession; XXXXX,
domiciled; XXXXXXX, hereinafter and to the
effects of this instrument are designated THE
ASSIGNEE; we have agreed on
celebrate the present ASSIGNMENT OF RIGHTS
SUBSIDIARIES, according to Articles 765 and
1.549 of the Civil Code, subject to the following
FIRST: THE TRANSFEROR by this
I hereby transfer and assign to THE ASSIGNEE my
brother, the rights that belong to me in
the inheritance remaining upon my death
father the citizen xxxxxxxx, Venezuelan,
married, of legal age, profession; xxxxx, of
this address and identity card No. V.
xxxxxx, occurred on the day xxxxxx (0x) of the month of
xxxxx of two thousand (2021) SECOND: The Price
expelled by the parts of this transfer of the
Successor Rights, is the quantity of
xxx EXACT BOLIVARS (Bs. xx,000.00).
THIRD and I, xxx, previously identified, declare
I accept the assignment of all rights and
succession obligations in the terms and
conditions previously stated”. FOURTH: For
all derived effects and consequences of
this contract, pursuant to Article 47 of the Code
of Civil Procedure, the grantors choose
as a special and exclusive domicile to
any other, to the city of Maracay, to the
competence of whose Courts we declare
to submit ourselves.
It is justice in the city of Maracay as of the date
of its presentation.
Hi, XXXXXXXXXXXXXXXXXX, Venezuelan, older
of age, divorced marital status, holder of the
Identity Card No. V-X.XXX.XXX, civilly
skilled, residing in the city of Caracas
Libertador municipality of the Capital District,
I declare: That I grant and transfer free title,
in pure, simple, and irrevocable form, without
any condition, free of reservation and that
transmits and is acquired by the effect of
legitimately expressed consent
between the parties, the rights of ownership,
domain and possession, which correspond to me by
to have been the spouse of the citizen
XXXXXXXXXXXXX, as can be evidenced from
the divorce decree that I present in copy
certified and submitted in a simple copy for
that it is certified 'Effectum Videndi', to
citizen XXXXXXXXXXXXXXX, Venezuelan,
of legal age, divorced marital status,
holder of identity card No. V-
X.XXX.XXX, and skilled in law, exclusively
about a property (improvements), unique for
liquidate as property of the marital community,
built while the marital union exists,
consists of: a block construction and
clay, metal roof, concrete floor, one
kitchen, three bedrooms, three bathrooms,
nine wooden doors, fifteen windows
metallic with tilting glass, a
metal double door, two gates
metallic with rails, two metal doors, one
shed, a porch with six columns, a tank
concrete pedestal, refurbishment of
fences and fruit trees, built in a
municipal land, located in 'La Colonia'
national road Guanare-Barinas” No. 10-53
from the city of Guanare, Portuguesa state,
Jurisdiction of the parish of Guanare
municipality of Guanare. The property is
understood within the following boundaries:
NORTH: National Highway Guanare-Barinas;
SUR: Casa de Gabriela Velásquez; ESTE: Casa de
Adelmo Duran and WEST: Alley "The Colony".
The referred improvements have been coming
owning for more than thirty years
as evidenced by SUPPLEMENTARY TITLE OF
PROPERTY, by declaration of the Court
Second Instance Court in Civil Matters,
Merchant, Agrarian, Labor, Transit and of
Job Stability of the First Circuit of the
Judicial District of the State of Portuguesa and
registered in the Subordinate Registry Office
Public of the Autonomous Municipality of Guanare,
capital of the state of Portuguesa, on the 29th of
December 1992, remaining recorded in the
Protocol I, Volume 9, 4th, Quarter of 1992,
under No. 37, Pages 1 to 5. And I, JOSÉ ANTONIO
PÉREZ FIGUEROA, identified above, declared
that I accept the assignment that is made to me, in accordance with

and in the terms previously stated.