Abstract

RINCON ANDREU, Gerard. The reserved portion and the disinheritance cause for family abandonment. Towards greater freedom to make wills?. Bol. Mex. Der. Comp. [online]. 2021, vol.54, n.160, pp.389-413.  Epub Mar 07, 2022. ISSN 2448-4873.  https://doi.org/10.22201/iij.24484873e.2021.160.15980.

In inheritance law, the testator does not enjoy absolute freedom to dispose of his assets, configuring a system of mandatory law presided by the reserved portion. Both in Catalan, Spanish and Colombian positive law, there is a deep-rooted socio-legal tradition that supports the reserved portion based on the principle of interfamily solidarity, which complicates the application of radical theories such as the suppression of said public order institution or its configuration under strict need parameters of the heir-at-law. However, the legal provisions of new causes of indignity and disinheritance such as family abandonment, as well as the reduction of the reserved portion in Colombia glimpse a greater freedom to make wills as a logical trend in today's society

Keywords : inheritance law; inheritance; reserved portion; will; disinheritance; family abandonment.

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )