РОМАНИСТИЧНИ ОСНОВИ НА ЛИШАВАНЕТО ОТ НАСЛЕДСТВО В РИМ – ИЗСЛЕДВАНЕ И РЕТРОСПЕКЦИЯ НА ИСПАНСКИЯ ГРАЖДАНСКИ КОДЕКС ОТНОСНО НАСЛЕДЯВАНЕТО
ROMANISTIC BASES ON DISINHERITANCE IN ROME: STUDY AND RETROSPECTIVE OF THE SPANISH CIVIL CODE REGARDING INHERITANCE

Summary/Abstract: From the point of view of family law, there is no doubt about the importance of the causes of disinheritance, which affect the relatives of the testator, as is inferred among others: CTh. 11.30.26, CTh. 4.4. 2.1, Marcianus in Inst. 6, D. 34.9.1 and Nov. 115. In this way, the article analyzes an institution whose roots are found in the compilation of Emperor Justinian and which has left its reflection in other sources we presente. The evolution and impact of the Roman legal system is traced not only to the unworthiness of inheritance, but also to the disinheritance, tracing the causes for this from the time of the Roman Empire in Fuero Real and Las Partidas until the current Spanish Civil Code, in which governs the modern system of inheritance. The significance of the jurisprudence, which led to a change in the interpretation of Article 756 of the Civil Code on the institution of the legitimate, was also discussed and the change that arose in the interpretation of Art. 853 Civil Code. Numerous Supreme Court decisions are also presented, in which not only physical and psychological abuse can be a reason for disinheritance, but also material and emotional abandonment or neglect of the minimum necessary care provided to the testator before his death.

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