The freedom to make a will in Catalonia. Specially through the disinheritance cause established in the article 451-17 e) of the Catalan Civil Code

Identifier:  TFG:1080

Handle: https://hdl.handle.net/20.500.11797/TFG1080

Authors:  Ibort Mercade, Isabel

Abstract:
The aim of this research project is to show the forced share’s weakening trend and its effects in the freedom to make a will, specially through the new cause of disinheritance established in the article 451-17 e) of the Catalan Civil Code, focused on the absence of family relationship. Since the forced share was created with the aim of restricting the freedom to make a will, society has gone to many demographic, socioeconomic and family changes and the reasons that motivate the restriction are no longer available. This research project points out how does the doctrine takes part in this legal conflict and the effects of the Law 10/2008, 10 July, of the fourth book of the Catalan Civil Code related to successions by the inclusion of five new articles that concern the forced share with a special mention to the new cause of disinheritance which is analyzed by the jurisprudence and the doctrine