Diseredazione: profili di disciplina

Di Maria Lucia Passador -

The paper focuses on the disinheritance clause, a settlement that might be included in the typical content of the will through which the testator, thus narrowing the intestate succession, can remove one or more legal heirs from inheritance. In particular the topic deals both with regard to the pretermitted and non-pretermitted heirs and, bearing in mind the most recent jurisprudence on the issue, it is suggested a reform of the succession law which de facto protects the individual interest of the testator to act in a free and conscious manner.

The careful comparative legal analysis between civil law and common law imposes a reconsideration of the whole matter inherent in the intestate succession, from its assumptions to its protection system, from the need to clarify ambiguities to the need to adapt rules to the social and cultural context.