Las injustas diferencias existentes en la libertad de testar dentro del territorio español

Abstract

The present work aims to analyze the institution of legitimate, which is conceived as a real limitation of the freedom to make in most legal systems that regulate it. This analysis shall verify the inequality between the existing regulation in the system of common law, regulated in the Spanish Civil Code and regulation of legitimate existing in the leasehold Rights. Competition on civil law not only holds the state, but that power also resides in the leasehold regimes, so such that the institution will be analyzed in Galicia, Navarra, Aragon, Catalonia, the Balearic Islands and in the Basque country. Special attention exhibition of its historical background, the doctrinal debate on its legal nature, and of course, the two fundamental questions of any legitimario system, i.e., determine who has the status of heir will be paid and legitimizing share holds right.