Until the surprise appearance of cinco nephews of Maria Kodama, who this week appeared before the Court to be recognized as heirs of the legacy of Jorge Luis BorgesIt was unknown what would happen to the inheritance and other values that his widow managed and held.
Mary Kodama had not left a formal will and her circle took a week to find out if she had left any documentation regarding what to do in the event of her death. Not finding it, at the beginning of the week she was going to present this situation to justice, that is, the absence of executors or heirs.
Five nephews of María Kodama claim the legacy of Jorge Luis Borges
It was then that there was talk of the possibility that it was the National State the recipient of the goods which by law had already been inherited by María Kodama in 1986, and also from the literary legacy of Jorge Luis Borges once the steps required by law were completed in situations like this. The heirs have up to ten years to present themselves -from the death of the person-, but if there is no written will, a judge can determine that after thirty days where no one appears, there is a “vacant inheritance”.
In this case, no relative of Jorge Luis Borges can claim anything since his total legacy corresponded to María Kodama and after she died, to her heirs. If Kodama’s five nephews have not appeared, the estate in question can go to the State, there is a whole administrative division within the State with lawyers and appraisers who deal with this.
As Borges’s widow had an address in the Federal Capital, the same corresponds to the Ministry of Education of the Autonomous City of Buenos Aires.
What would happen if the patrimony passed to the Buenos Aires Ministry of Education?
On the one hand, the Ministry of Education will have the right to receive economic rights for publications. In addition to the revenue from the assets, if there were real estate, they could be sold, as well as jewelry. awards or manuscripts. and for another the “moral” right of the work that it is elusive and is related to questions of decisions on the “opportunity, merit and convenience” of the publication of this or that book.
The writer María Kodama died
In life, the writer did not want to republish some texts that, after his death, María Kodama did publish and was legally empowered to do so. In turn, she also prohibited any audiovisual use of Borges’s work, something that could be authorized if that material was in the hands of the State or of people who do not have the same criteria.
The cases of Julio Cortázar and Adolfo Bioy Casares
“Many times the authors are jealous of these issues and usually establish in their wills a separation of these rights and these decisions,” Julián González Mantelli, president of the Institute of Tax Law of the College of Notaries of the City of Buenos Aires, explained to PROFILE. .
“For example, Julio Cortázar decided that she was his first wife (Aurora Bernárdez) the executor of his work in terms of literary and publication decisions, without prejudice to the fact that his second wife (Carol Dunlop) benefited from the royalties that corresponded to him as heiress. Something similar happened with Adolfo Bioy Casares, who commissioned Daniel Martino to order and publish his papers; and thanks to his exhaustive work we have the ‘Borges de Bioy’, a journal of annotations that Maria Kodama hated and whose reissue she forbadeand that if the State had inherited Borges’ work it could have been ‘liberated’ and published”.
Kodama and herring
As Julián González Mantelli explained to PROFILE, in the event that the State had been executor of a universal work such as that of Jorge Luis Borges “it would have been quite reasonable that, citing issues of international importance, it would have refrained at least from the moral right and order that the decisions and care of the work are in charge of specialists or a committee of experts or even a university. Even to the point of ceding the rights for all humanity and that remain free -of copyright payments– before the legal term, which in the case of Borges, will be in 2056.
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