QUANTITATIVE INTANGIBILITY OF FORCED SHARES AND TESTAMENTARY PRETERITION: A CRITICAL REVIEW OF CONTROVERSIAL ISSUES IN THE AREA OF PRETERITION, ITS TYPES AND EFFECTS.

Abstract

In this article, by going through the most recent judicial decisions in this area, we will carry out a critical review of the most controversial (substantive and procedural) issues raised by art. 814 of the Spanish Civil Code, which have not yet been unanimously answered by scholars or the Courts. This is a precept which regulates testamentary preterition, representing an institution that protects the quantitative intangibility of forced shares, which may be defined as the omission or silence of a forced heir in a will, this either done either in full knowledge (intentionally) or as a result of oversight or ignorance (unintentional or by mistake).