Powered by OpenAIRE graph
Found an issue? Give us feedback
addClaim

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

Authors: Martín Paciente, Miriam; Ortega González, Tewise Yurena;

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 …

358

303

Keywords

560502 Derecho civil, Jurisprudence, Inheritance, Spanish Civil Code, 560202 Derecho comparado, Rome, Desinheritance, Indignitas, Legitimacy

  • BIP!
    Impact byBIP!
    selected citations
    These citations are derived from selected sources.
    This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    0
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Average
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    Average
    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
    Average
Powered by OpenAIRE graph
Found an issue? Give us feedback
selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
Upload OA version
Are you the author of this publication? Upload your Open Access version to Zenodo!
It’s fast and easy, just two clicks!