Is Lesion Ultradimidium Applicable in the Sale of Inheritance Rights?

“The rescissory action based on lesion ultradimidium is not generally applicable to the sale of universal inheritance rights.”

The rescissory action is a legal mechanism that allows a validly executed contract to be annulled. In cases of lesion ultradimidium (extreme imbalance), it applies when there is a serious disproportion between the obligations of the parties, to the detriment of one. According to Article 1947 of the Colombian Civil Code, this figure is applicable to sales where the seller receives less than half the fair price or the buyer pays more than double its value. For this reason, the Colombian Supreme Court of Justice (CSJ) has limited its application to commutative contracts, where an objective assessment of equivalence can be made at the time the contract is entered into. In this context, the viability of this remedy in the sale of inheritance rights under a universal title is examined.

1. What is the assignment of inheritance rights under a universal title?

In general terms, the assignment of inheritance rights concerns a legal universality, since it is usually executed without specifically identifying the assets or effects that comprise the estate. In such cases, the assignor transfers their position in the succession, i.e., their expectation regarding the patrimonial results that may correspond to them once the liquidation process is completed, without being required to guarantee a specific economic benefit to the assignee.

2. When is the sale of inheritance rights considered aleatory?

It is considered aleatory (speculative) when there is no certainty about the content, value, or composition of the estate at the time of assignment. Under such circumstances, the assignee assumes an inherent risk, as no specific return is guaranteed. This uncertainty prevents the establishment of the economic equivalence that defines commutative contracts. Precisely because of the uncertainty surrounding the contract’s subject matter, the assignment of inheritance rights under a universal title is aleatory in nature.

3. What has the CSJ case law said about this?

The Court has consistently held that the rescissory action based on lesion ultradimidium is not applicable to aleatory contracts, as these depend on a future and uncertain event beyond the control of the parties. This uncertainty can result in benefits or losses for either party, excluding the possibility of applying patrimonial equivalence standards typical of commutative contracts (Judgments SC10291 of 2017, SC2485 of 2018, and SC3346 of 2020).

4. Are there any exceptions allowing for this action?

The CSJ has acknowledged the possibility of invoking this action if, at the time of the assignment, there is certainty about the amount and composition of the estate’s assets, its liabilities, and the number and identity of the heirs participating in the partition. In such a case, the contract may acquire a commutative nature.

Summary

The rescissory action for lesion ultradimidium is not generally applicable to the sale of inheritance rights under a universal title due to the aleatory nature of this type of contract. Exceptionally, if it is proven that at the time of the contract’s execution there was certainty about the composition of the estate and a significant disparity between the paid price and the real value of the rights, the action may be considered applicable.