Succession Law and the protection of economic vulnerable individuals

Abstract

This paper aims to propose the protection of economically vulnerable individuals under the Law of Succession. It is premised on the economic character of the right to inherit under the principles of social function, solidarity and equality. It develops the concept of economically vulnerable individuals for the purpose of protection by the Succession Law. It proposes to review the current rulesof compulsory provision, in the sense to extend the testamentary freedom in order to be able to benefit, with more than half of the inheritance, economically vulnerable individuals and, at the same time, to limit the testamentary freedom when, among the legitimate heirs, there are individuals in the situation of economic vulnerability.