De las vicisitudes en la enajenación de los derechos herenciales: bienes muebles y activos intangibles

Abstract

It is pertinent to emphasize the multiple occasions in which the possibility of reforming the Colombian Civil Code is contemplated, since it has a longevity that dates to the year 1887 and enshrines rights, duties and obligations that are in disuse. On the other hand, there are in the Code in question situations that still generate confusion, gaps that, although sometimes the jurisprudence has tried to fill in, the result has been insufficient, leaving the Judicial Branch in constant struggle before an imperative norm for the development of community life. Of the many edges in which a gap can be evidenced, there is the possible violation of the rights of minors due to the improper administration of the assets by their guardian or legal representative, since, when the alienation of assets occurs furniture or intangible assets that can amount to significant figures; which currently lacks prior authorization or necessary formality to occur, for which it is analyzed how through voluntary jurisdiction in judicial authorization processes, said right can be sheltered by accepting the alienation of movable property as part of this process, so that said acts of disposition that deal with the assets of a minor are subject to judicial review and authorization based on the principles of necessity and usefulness. On the other hand, it is generated as a justification for the proposal to make a contrast with respect to the reform project of the Civil Code presented by the National University, evidencing how the legal vacuum of article 303 is sustained and generates confusion, multiple interpretations, and vulnerability of minors in regarding the regulation of alienation of their assets.