ingratitudFamily solidarity and its relationship with indignity as a cause of disinheritance and with the revocation of donations due to ingrateiness

Authors

  • Elena Fernández de la Iglesia Profesora de Derecho Civil. UCM

Keywords:

Family solidarity, Alimony, Disinheritance, Indignity, Ingratitude, Will, Donation

Abstract

In Law, the principle of solidarity has its maximum expression in the area of family solidarity. Support, backing, help, protection, are manifestations of intergenerational solidarity carried out through acts to benefit a family member or
member of the socio-affective circle without expecting to receive anything in return, especially in those cases of vulnerability, need or risk. Our legal system based on the system of values revolves around the fundamental principle of the dignity of the person (art. 10 CE), as the germ or fundamental nucleus of constitutional rights and its projection in Family Law as the basis of the donation contract., and as a means of recognizing inheritance rights, especially the hereditary rights of the deceased’s heirs. If this solidarity disappears, due to the child having incurred in any of the reprehensible conduct provided for in the law, the extinction or deprivation of the alimony benefit is lawful, or the consideration of abuse as a cause of disinheritance, or as a cause of ingratitude in the revocation of donations because it is not equitable that those who renounce family relationships, as well as the support and help of all kinds that these entail, can later benefit from a legal institution that finds its foundation, precisely, inparental ties.

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Published

2024-05-10

Issue

Section

JURISPRUDENTIAL STUDIES

How to Cite

ingratitudFamily solidarity and its relationship with indignity as a cause of disinheritance and with the revocation of donations due to ingrateiness. (2024). Critical Review of Real Estate Law, 802, 955-980. https://rcdi.tirant.com/rcdi/article/view/463