On the qualitative reform of forced heirship under the Civil Code: abolition and/or modification of its nature and purpose

Abstract

The acceleration of the pace of history entails an increase in the speed of social, economic, and demographic changes and, consequently, leads to shifts in the prevailing conceptions of long-established institutions. Forced heirship rules constitute a clear example of a legal institution that has, for years, been subject to attempts at revision and even abolition as a result of these circumstances. This paper aims to analyse the option of a qualitative reform of forced heirship, that is, its elimination or, at the very least, the alteration or transformation of its nature, functionality, and objectives, beyond a merely quantitative revision involving the modification of the heirs’ reserved shares, which would nonetheless entail the preservation of the institution itself.