Specifying psychological abuse as a cause for disinheritance: the lack of a continuous family relationship

Concreción del maltrato psicológico como causa de desheredación: la falta de relación familiar continuada

Autor:

Alejandro Araque García (España). Estudiante predoctoral de la Facultad de Derecho de la Universidad de Málaga. Correo electrónico: aaraque@uma.es.

Resumen:

Within the Spanish inheritance system, the institution of disinheritance has recently been updated, by way of interpretation, by our Supreme Court, accepting our society’s awareness towards the elderly, by including psychological abuse in the basis of art. 853.2 CC and opening the door to subsume there the lack of a continuous family relationship too, placing the emphasis on the always necessary proof.

Palabras clave:

Legitimate; disinheritance; lack of family relationship; mistreatment.

Abstract:

Within the Spanish inheritance system, the institution of disinheritance has recently been updated, by way of interpretation, by our Supreme Court, accepting our society’s awareness towards the elderly, by including psychological abuse in the basis of art. 853.2 CC and opening the door to subsume there the lack of a continuous family relationship too, placing the emphasis on the always necessary proof.

Key words:

Legitimate; disinheritance; lack of family relationship; mistreatment.