Legitimates in the Spanish Civil Code and the new Brazilian Civil Code

Abstract

In this paper we tackle the recent legislative reforms that have been introduced in the Spanish Civil Code in the Law of intheritance, specifically the «forced heirship» or the system of the legitimates of the descendants, aimed to benefit the descendants that have been judicially disqualified or incapacitated. We analyze how this modification affects on the enlargement of the testamentary freedom of the decesead, and, finally, we compare this regulation with the brazilian legislation in its Civil Code.