Romanistic Bases on Disinheritance in Rome: Study and Retrospective of the Spanish Civil Code regarding Inheritance

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 …