Testamentary freedom, forced heirship and family solidarity

Abstract

There have been sociological changes in the family structure and gender roles, in personal and affective relationships between parents and children, there is greater concern for the protection of dependent persons or incapacitated descendants. There are also changes of an economic nature, from the configuration of assets and the basis for their transferability to certain family members, to the protection of family businesses. All these changes should motivate profound succession reforms, unless we want to be passive witnesses of the obsolescence of inheritance law. It is proposed as a starting point to rethink the foundation of the forced heirship from the intergenerational solidarity.