Abstract

The grounds for disinheritance set forth in the provisions of the Civil Code arouse doubts. The verdict the gloss refers to is one of the stages of their clarification. One of the statutory preconditions for disinheritance is persistent failure to fulfil family obligations towards the testator. It is not clear in this context, among other things, whether it is necessary to examine who is to blame for this and what the testator's responsibility may be in this respect when the bonds underlying the entitlement to the legitim are broken. In the Court's view this may be relevant, as explained and further argued by the author.