executor

The concept of executor, which comes from a term from Hispanic Arabic, is used in the field of right with reference to the individual who, based on the last will of a deceased person and / or with the authorization of a judge, is in charge of the custody of the deceased's legacy.

The executor of the will is the one that was designated by the deceased himself in his will. On the other hand, if the executor arises by a judicial provision, it is spoken of dative executor.

The figure of the legitimate executor It arises when the deceased has not left a will and a judge has not entered a judgment on the property. In this case, the executor becomes the person who, by law, has the competence to make the deceased's wish come true. Reference may also be made to universal executor: the subject with can absolute to guarantee the fulfillment of all the points of the will.

The idea Executor's office appears frequently in the realm of literature. The literary executor decide on a writer's legacy, especially regarding copyright. This executor can allow a novel to be adapted for the cinema or can promote the publication of unpublished texts, to name two possibilities.

This sometimes causes an executor's decision to conflict with the wishes of the executor. family of the deceased author. If the executor decides to publish a manuscript that the children of the deceased do not want to come out, this can lead to a confrontation.

To minimize the chances that the executor will take decisions that are not at the level of those that the testator would have taken, it is essential that the latter draw up the will conscientiously, carefully specifying all your requirements and drafting the document as clearly as possible. The executor must watch over his assets and manage them in such a way that his image is not distorted from the public's point of view, and therefore no collection is exaggerated.

It is necessary to meet certain well-defined requirements to be appointed executor, among which are having reached the age of majority and being in full use of one's own powers. All this without neglecting the relationship he has with the testator: it would not be normal for him to leave his posterity in the hands of a stranger or someone who did not love and respect him deeply.

Regarding the perception of their work by both the public and the family and friends of the person they represent, the executor is often faced with a high volume of criticism and attacks because of his behavior. At first glance, we can say that there are two opposite attitudes that are often criticized: taking advantage of the name of the deceased to get large sums of money without any kind of tact or respect for their image; not doing enough to keep your memory.

Not to mention anyone in particular, there are more examples of the first group than the second, executors seeking every opportunity to make money at the expense of his testator's work, either by publishing whatever work comes into his hands (regardless of its quality, if it is complete or if the author himself really wanted it to be known) or by opening legal proceedings against anyone who infringes the copyright, sometimes beyond the limits of the laws themselves.

Aurora bernardez, to cite one example, was the executor of the renowned Argentine writer Julio Cortazar, one of the most influential figures in literature. The woman, who died in 2014, was married to the author of "Hopscotch" Come in 1953 Y 1967.