Diseredazione per maltrattamento di fatto nel diritto spagnolo: relazioni familiari e abuso psicologico

Di Clara Gago E Ignacio Fernández Chacón -

In Spanish law, the causes of disinheritance of the legitimate heirs have a restricted nature, which is the reason why the possibility of accepting causes other than those expressly provided by the legislator is discussed. The aim of this paper is to analyze whether among these causes not provided by the legislator there can be included the disinheritance of the legitimate heirs due to psychological mistreatment and absence of family relationship with the testator. To this purpose, we analyze the jurisprudential evolution undergone with regard to the concept of mistreatment in the Spanish Civil Code as a just cause for disinheritance and the possibility of subsuming within this concept both the psychological mistreatment and the absence of family relationship, as well as the legislative approach adopted in this matter in the Civil Code of Catalonia.