La llamada «donación-partición» en el Derecho común español: Admisibilidad y régimen jurídico

Abstract

In a previous work, we argued that it is legitimate for a testator to wish to reach an agreement with his descendants on the distribution of his assets upon his death, to avoid potential future problems between them. One option for this is to resort to a donation-partition, an atypical but possible form of in our legal system. This is a single agreement between the testator and his eventual future heirs, which states both the will of each of the participants to accept the asset donated to them and their intention not to challenge the donations made to other donees in that same agreement.

The objective of this work is to develop an aspect not addressed in the previous work, namely, to propose a possible legal configuration of donation-partition, taking what is adaptable from French law, which regulates a similar institution, donation-partage, and discarding what is not admissible in our legal system. This is because this possibility can significantly contribute to the absence of conflicts in the family during a difficult time, such as the succession of one of its members, as everyone agrees on the distribution of assets.