Identifier: TFG:74
Authors: Masvidal Hernández, Jordina
Abstract:
The present essay studies deeply and widely the new cause of disinheriting established in article 451-17 e) in Book IV of the Catalan Civil Code, related to inheritance, passed through Law 10/2008 July the 10th. It is about the “evident and continued lack of family relationship between the deceased and the rightful heir, when this is exclusively due to the legitimate part.” This aspect of the law is not included within the Spanish Civil Code and refers specially to the “moral and subjectivity of the person”. The aim of this essay is to focus on the inner study of the cause, on the difficulty for the heir to prove any relationship, as well as on the level of difficulty the judge has to face in order to assess if those bad relationships really existed. On the other hand, a law analysis has been undertaken to meet one of the objectives of the essay, that is, to know the different Catalan and Spanish sentences and motivations related to this situation. Although the Spanish law doesn't take into account those supposed bad family relationship, the Catalan law does contemplate all the possible causes. Finally, it has to be pointed out that this new regulation has caused an increase in freedom to prepare one's will. However (and paradoxically), the heir might have more problems to prove the bad relationship (though the deceased doesn't have to expose the reasons for the disinheriting, and should just make reference to the cause fixed by law) and might mean that the disinheriting will fails. There are advantages and disadvantages for both sides (heir and deceased), without provoking any disorder and imbalance for them.
Repositori URV