Inheritance Rights in LGBTIQ+ Couples: A legal Analysis from the Peruvian Context

Collantes-Rodríguez K.L.; Sosaya Rodríguez L.R. · Clio. Revista de Historia, Ciencias Humanas y Pensamiento Critico. (2024) · DOI: 10.5281/zenodo.12599941

Resumen

The objective of this paper is to analyze the legal treatment regarding the right to inherit in LGBTIQ+ couples, under the de facto union regime in the Peruvian context. To achieve this goal, the article considers the following aspects: 1. The socio-legal criteria for its recognition, the implicit problem in the public administration regarding the surviving cohabitant, and the possible solution proposals. 2. The pronouncements by the Ministry of Justice and Human Rights, as well as the Ombudsman’s Office, organizations that have issued joint positions, in order to guarantee the recognition of this right. 3. The specific rights that are in accordance with the Political Constitution and the Civil Code, being essential to conceptually delimit the rights by connotation, not only to the couple but also to their family members and third parties. The study is based on an analytical-descriptive pro-posal. It concludes on the relevance of the recognition of inheritance rights in LGBTIQ+ unions by the Peruvian State, as a means of guaranteeing the protection of human rights and civil liberties of individuals.

Instituciones: Universidad Privada Antenor Orrego