The reserved portion and the disinheritance cause for family abandonment. towards greater freedom to make wills?
| dc.contributor.author | Rincón Andreu, Gerard | |
| dc.date.accessioned | 2025-07-28T20:50:33Z | |
| dc.date.available | 2025-07-28T20:50:33Z | |
| dc.date.issued | 2021 | |
| dc.description.abstract | 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. | |
| dc.identifier.citation | Rincón Andreu, G. (2021). The reserved portion and the disinheritance cause for family abandonment. towards greater freedom to make wills? Boletin Mexicano de Derecho Comparado, 54(160), 389–413. https://doi.org/10.22201/IIJ.24484873E.2021.160.15980 | |
| dc.identifier.issn | 00418633 | |
| dc.identifier.uri | https://repositorio.usc.edu.co/handle/20.500.12421/7673 | |
| dc.language.iso | es | |
| dc.subject | Disinheritance | |
| dc.subject | Family abandonment | |
| dc.subject | Inheritance | |
| dc.subject | Inheritance law | |
| dc.subject | Reserved portion | |
| dc.subject | Will | |
| dc.title | The reserved portion and the disinheritance cause for family abandonment. towards greater freedom to make wills? | |
| dc.title.alternative | La legítima y la causa de desheredamiento por abandono familiar. ¿hacia una mayor libertad de testar? | |
| dc.type | Article |