REFLECTIONS ON THE INSTITUTION OF DISINHERITANCE
REFLECTIONS ON THE INSTITUTION OF DISINHERITANCE

Summary/Abstract: This study is dedicated to the analysis of the regulations regarding the will of the deceased in connection with the division of his succession patrimony, both in terms of his will manifested directly by the removal of legal heirs and indirectly by the establishment of legatees. In the elaboration of the study, we take into account the legal institution of disinheritance, the implications it has in the context of the return of the inheritance, as well as the possible situations that would not be covered by the current legal provisions. Thus, through art. 1.075 of the Civil Code, which highlights the effects of disinheritance, the legislator analyses the disinheritance of the surviving spouse, ordering that the part remaining after the allocation of the quota of the surviving spouse, be collected by the heirs from the class with which he comes in competition. We notice that the legislator discusses the “quota attributed to the surviving spouse” and does not take into account the hypothesis of allocating the succession reserve, for example in the situation of establishing a bequest smaller than the succession reserve. The disinheritance of the other heirs, other than the surviving spouse, is presented in the same way. In this situation it is necessary that we consider all possible hypotheses in case of disinheritance, so that the legal provisions to be adapted accordingly.

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